Post-judgment Relief

In Michigan, defendants may file a “6.500 Motion” in some circumstances, such as after they have exhausted all their state appeal remedies, if they missed appeal deadlines, or if they cannot lawfully appeal in federal court. The rules for a 6.500 motion are complex. With few exceptions, a defendant is limited to filing only one 6.500 motion, so it is imperative to hire an experienced attorney. In a 6.500 motion, you can raise issues such as ineffective assistance of counsel, newly discovered evidence, or subsequent changes in the law that would have changed the outcome of your case.

Michigan State Appeals Process

The appellate process is complex, so it is imperative to hire an experienced criminal appellate attorney to navigate the process, identify legal issues, and argue those issues in the appropriate higher court. An experienced attorney, such as the appellate team at SBBL Law, can help you work through the following process, protecting your rights and interests:

• Filing a Claim of Appeal. When a party has an appeal by right, it is called a “Claim of Appeal” and must be filed within set deadlines to initiate the appeal process. The Claim of Appeal must be filed with the proper court of appeal and the originating trial court where your case began. As this must be done within a certain period of time, it is critical to work with an attorney who is thorough and efficient.
• Preparing the record. In preparation for an appeal, an experienced appellate attorney will collect all transcripts, trial exhibits, pretrial motions, and evidence and file them with the appropriate court of appeals. The trial court recorder must certify the transcripts on appeal and send their certifications to the appellate court.
• Filing the appeal brief. The party filing the appeal, known as the appellant, must submit a written brief that details and argues the legal errors committed during the trial court proceedings. The appeal brief must ask the court of appeals for a specific remedy, such as modifying a sentence or reversing the appellant’s conviction. The brief will include references to relevant legal statutes, court rules, the trial court record, and legal precedent.
• The Appellee. The party who opposes the appeal, known as the appellee, must file their response within a certain time period. The appellee’s arguments will typically include a defense of the decision that was originally made by the trial court, as well as counterarguments to positions posed in the appellant brief.
• Hearing oral arguments. If requested by the parties and if required based on the issues raised on appeal, the appellate court will schedule oral arguments where each party will present their legal arguments and respond to any questions posed by the judges. The judges will have already reviewed the record on appeal as well as the parties’ briefs.
• Issuing a decision. After oral argument, the court of appeals will issue a written opinion with its findings on the legal issues presented and will include a final decision on the remedy afforded to the appellant. Potential appellate court decisions include the affirmation of the decision made by the initial trial court, a reversal, or a remand.
• Appealing to higher courts. If one of the parties disagrees with the decision of the appellate court, they may choose to appeal the case to an even higher court, such as the Michigan Supreme Court.

By working with an experienced criminal appeals lawyer, you can successfully navigate the appeals process, ensuring key documents are submitted in detail and on time. By launching a strong appeals argument, you can work to push for more optimal outcomes in your criminal defense case.