Appealing A State Conviction Of A Sex Crime
Methods Of Conviction
The method of conviction—either by plea or by trial—is a significant determinant in the appeal process for a client. For instance, in Michigan, the law provides an automatic right to appeal if the conviction results from a trial. This automatic appeal, referred to as an ‘appeal by right,’ requires the Court of Appeals to hear your case. It is important to note that this does not promise a favorable outcome; it simply guarantees your appeal will be heard and ruled upon.
In contrast, plea-based convictions do not offer an automatic right to appeal. To initiate an appeal, an application for leave to appeal, which is a request for permission to even file an appeal, is required. The Court of Appeals must grant this permission before you can proceed with your appeal. Unfortunately, this permission is seldom granted.
The Court’s Stance On Leave To Appeal
Michigan adopted a Court Rule change in the 1990s involving appeals following a guilty plea, which was specifically intended to restrict appeals following guilty pleas. For many cases, this effectively positioned a guilty or no contest plea as a final decision. However, exceptions are made in cases where substantial issues come into play. For example, instances of prosecutorial misconduct, ineffective assistance of counsel, jurisdictional flaws, or statute of limitations issues could prompt the Court of Appeals to consider granting leave to appeal. Conversely, objections based on sentence length or regrets about a guilty plea typically do not provide a sufficient basis for an application for leave to appeal.
For more information on Appealing A State Conviction Of A Sex Crime, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 509-0056 today.