Habeas Corpus | Michigan Criminal Appeal Lawyer – What your trial attorney must do to preserve issues for federal court review.

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

Writ of Habeas Corpus
A trial attorney must take steps to preserve a defendant’s federal issues for review in federal court in a writ for habeas corpus.

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.

Continue reading “Habeas Corpus | Michigan Criminal Appeal Lawyer – What your trial attorney must do to preserve issues for federal court review.”

Michigan Criminal Appeal Lawyer – CZARNECKI & TAYLOR win appeal for client – three convictions for assault with a dangerous weapon are reversed

Michigan Criminal Appeal Lawyers
Michigan criminal appeal lawyers CZARNECKI & TAYLOR get client’s convictions for 3 counts assault with a dangerous weapon reversed.

In this Michigan criminal appeal we challenged the client’s convictions for assault with a dangerous weapon.  The Michigan Court of Appeals reversed the defendant’s three felonious assault convictions, affirmed the remaining, and remanded the case to the trial court for resentencing without consideration of the three reversed convictions.

The strongest argument in this case had to do with the client’s 3 convictions for assault with a dangerous weapon.  We argued that the prosecutor had presented insufficient evidence for a reasonable jury to find that he possessed a dangerous weapon. The gun used in this case was not real.

Continue reading “Michigan Criminal Appeal Lawyer – CZARNECKI & TAYLOR win appeal for client – three convictions for assault with a dangerous weapon are reversed”

Relief from Judgment -Michigan 6.500 Motion- Post Conviction Relief

Michigan Motion for Relief from Judgment
MCR 6.500, Motion for Relief from Judgment in Michigan

A Motion for Relief from Judgment, MCR 6.500, is often the last chance to correct a conviction.  At CZARNECKI & TAYLOR, we receive many letters and calls from inmates regarding post-conviction relief, specifically, 6.500 Motions, Motion for Relief from Judgment. The 6.500 motion is filed after the defendant has already gone through the appeal process.  This article will discuss the essential components of the 6.500 motion for those people seeking post-conviction remedies.

A 6.500 may be a defendant’s last chance to “appeal” the conviction.