This article, written by a Michigan appeal lawyer, explains why you should not hire your trial attorney to appeal your case. It also explains what you should look for when you hire an appeal lawyer to represent you.
The attorney who represented you at trial should not do your appeal. You must always hire another attorney to review your case. The trial attorney cannot distance himself or herself from the case because of personal involvement. Consider that the Michigan Court of Appeals was not intimately involved in your trial. The Court does not have preconceived notions about the legal issues. Everything the Court will learn about your case will come from a review of the transcripts. Your new appeal attorney should be in the same position as the Court. The new appeal lawyer has not prejudged your case or the issues. So, the Court of Appeals and the appeal lawyer will be in the same frame of mind about the issues. Both parties start the review with an “objective” look at your case. Because of your trial attorney’s personal involvement, his or her viewpoint will be subjective.
Habeas Corpus – Responsibilities and Duties of the trial lawyer
Definition: Latin for “you have the body.” The writ of habeas corpus is a petition that directs state law officials (for example, warden) who have custody of an inmate to appear in court to determine whether the prisoner is being held unconstitutionally.
The federal writ of habeas corpus is often the final chance for a defendant to challenge his or her conviction in federal court after the Michigan state courts have denied relief. The writ of habeas corpus for a state inmate challenging a state conviction is governed by 28 USC 2254. Link to Habeas Statute
This article is going to discuss habeas corpus petitions filed by state
prisoners in federal court pursuant to 28 USC § 2254 wherein a Michigan prisoner asserts that his or her incarceration or detention by Michigan state officials violates one or more federal constitutional rights.
Most importantly, this article will explain why the trial attorney must preserve any federal issues for appellate review.
An experienced Michigan appeal lawyer is a chance for hope after an unfair or wrongful conviction. Appeals are an important part of the criminal legal system. A conviction does not have to be the last word in a criminal case. If a jury wrongly convicted someone, if the trial was not fair, or if the sentence imposed does not comply with law, a defendant may have legal remedies to attack the case. An appeal can be newfound hope in the hands of a skilled Michigan appeal lawyer.
An appeal is a complex and difficult area of criminal law. An appeal must be done correctly because once the appeal process has ended, a defendant is not entitled to another. The door to legal remedies can be permanently closed. This is why it is important to hire an experienced Michigan appeal lawyer to perfect a criminal appeal. I have had many people write me from prison asking if I can file another appeal for them because their appellate attorney did not raise a variety of legal issues. I have been able to pursue other post-conviction remedies after the appeal door has closed, but there are significant hurdles to overcome.