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Michigan Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Michigan on
Q: Last June my husband and i got into a disagreement. I left and went to my mom's. The neighbor had called the police.

He told Them where to find me. When they arrived, i was so upset and so angry and just started talking as of i were talking to my brother, not realizing A. That i was giving a statement, even though i never submitted a written one and B. That if i say one thing, they are required to take it a... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 14, 2021

You're in a tough spot. As you've seen, the prosecutor can use your statements made to police that day. Once the police get involved, things are then out of your hands. With this being his second offense, it does not surprise me that the prosecutor will want to try this case, or at least... Read more »

1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: I was wondering how to cite this case seeing as it has no respondent.

I am writing a paper for my AP Research course, but because there is no respondent I am unsure how to do so. In case you are unable to see what case I am referring to it is Courtney Wild's Petition for Writ of Mandamus to the US District Court for the Southern District of Florida. Thank you... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Dec 9, 2020

To cite a case in the form used in a legal brief, refer to "A Uniform System of Citation", also known as the Blue Book. A style guide for writers may be useful, depending upon the preference of your instructor and the rules you have been asked to use.

If you look up the case you...
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1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: I need help writing an appeal for new issues for Supreme Court for ineffective counsel on a 2nd degree murder case.
Brent T. Geers
Brent T. Geers answered on Nov 16, 2020

Are you the defendant? If not, your efforts would be better spent on retaining counsel for the defendant. Appeals are complex and require a solid foundation in the law and its construction and interpretation; they should not be done alone or by anyone who is not an attorney. More important, if you... Read more »

2 Answers | Asked in Appeals / Appellate Law for Michigan on
Q: An "Application for Leave to Appeal" in the Michigan Supreme Court by 8/26. How much should I expect to pay?

Drug case

Thomas. R. Morris
Thomas. R. Morris answered on Aug 11, 2020

The filing fees charged by the court are listed on its website. If you are going to file an application for leave to appeal with the Michigan Supreme Court, you may want to consider hiring an attorney.

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2 Answers | Asked in Appeals / Appellate Law for Michigan on
Q: Do I have to follow sentence of probation if I file an appeal?
Brent T. Geers
Brent T. Geers answered on Jun 29, 2020

Yes you do. An appeal doesn't not stop an active sentence, with few exceptions.

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2 Answers | Asked in Real Estate Law, Appeals / Appellate Law and Land Use & Zoning for Michigan on
Q: Can a judge grant riparian rights to lake front property owners if that land has always been public use and county owned

Townline Lake, Belvidere Township, Lakeview MI. The lakeshore in Belvidere township has been public use since the 20s. A few lake front property owners went to a judge and got granted riparian rights up to the lakeshore even though it’s public property and is recorded as a park in the plat. How... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 4, 2020

A judge with equitable powers can do a lot of things, but without seeing the actual order (Courts 'speak' only through their written orders) it is hard to say what is going on here.

Indeed sometimes trial judges exceed their authority or make 'legal errors' and that is...
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1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: I would like to speak to someone regarding a pro bono appeal attorney. I am extremely unfamiliar with legal issues.

I'm really not sure where to start. Thank you. Mindy Myers

mindy_myers@yahoo.com

740-438-4657

Tim Akpinar
Tim Akpinar answered on Apr 22, 2020

It would be best for a Michigan attorney to advise you, but it is important for you to learn sooner than later that this is not an attorney referral service. It is only a Q & A board. Time is of the essence in virtually any type of appeal, so it would be better for you to start making phone... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Michigan on
Q: Is it to late?

My brother was convicted in Michigan back in 2009 of armed robbery, home invasion, unlawful imprisonment and torture to a ww2 vet. He was sentenced along with a man that was guilty but he wasn’t there there’s no proof, the victim didn’t identify him or his voice in the lineup and even... Read more »

Gary Kollin
Gary Kollin answered on Sep 6, 2019

Sorry

1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: I want to appeal secretary of state decision on getting my license back, what forms do I use to represent myself?

I was denied to get my license back it's been 15 years and I was still denied.

Brent T. Geers
Brent T. Geers answered on Jun 13, 2019

The process of navigating through the driver license restoration process is complex enough that you would be well served to retain an attorney. You may, for instance, be entitled to go directly to the circuit court judge, or you may need to reapply through the secretary of state - an attorney could... Read more »

1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Michigan on
Q: I'm in the process of going to the Supreme Court over damages arising of legal malpractice the amount of my lawsuit I ne

Need to file superintending control I have all my documentation my investigative report against the attorney everything is done they said if all possible get help with citation with legal authority but I'm trying to get legal counsel as soon as possible if not I need to get this sent off they... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 26, 2018

You may be conflating the grievance process with a legal malpractice claim; they are two distinct things with completely different possible outcomes. If you are asking the Supreme Court for superintending control, that implies that you've filed a grievance with the Attorney Grievance... Read more »

1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: How can I get a fraudulent judgement overturned. I appealed and was not given a fair day in court. Judge was totally bia

My ex wife and brother had a business arrangement that I was not apart of. I had zero knowledge of this arrangement until she stopped paying my brother what she owed him. Then he came to me trying to collect her debt. She was found guilty criminally and civilly. He brought me in civilly as well. I... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 12, 2018

When you do not appear in court, you give up your right to claim that you had nothing to do with it. If you failed to appear, you were probably defaulted - which is what happens in a civil matter versus a bench warrant for your arrest in a criminal matter. When you are in default in a civil matter,... Read more »

1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: How can I get a fraudulent judgement overturned? I can prove this was fraud and I was NEVER involved what so ever.

I had a judgement filed against me fraudulently. I went to the first 2 court dates, however the plaintiff's attorney had postponed for further discovery. The 3rd court date I never received notification of and was found guilty for failure to appear. I hired an attorney to appeal this decision... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 12, 2018

Criminal and civil liability are two different things with very different burdens of proof. You can be civilly liable without being criminally liable. That your ex wife was criminally charged has nothing to do with your civil liability, although you may have a claim of indemnity against her for... Read more »

1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: I was court martialed. My case went to the appeals court. I won. How do I find the decision from the appeal courts.
Thomas. R. Morris
Thomas. R. Morris answered on Oct 23, 2018

This is a question of military law. The United States military has its own system of law. Here is a link that provides a summary of the appellate process with respect to military-law appeals:

http://www.usmilitarylawyer.com/military-appelate-court-review.asp

How to find the...
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1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: Ptosecutot apply for leave to Appeal in my case. Court of Appeal overturn parent ternination. What shold i expect?
Brent T. Geers
Brent T. Geers answered on Oct 23, 2018

Congratulations! You've accomplished what an exceedingly small number of parents are able to when it comes to parental termination.

You should consult with the appellant attorney as to what happens on a practical basis from this point forward. Effectively, everything will stay as is...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: My daughter is in prison because of her lawyers incompetence and we would like to appeal this. How would we do this.
Brent T. Geers
Brent T. Geers answered on Jul 26, 2017

This response may come too late for the poster's particular case, but may be informative for others.

What avenues of relief are available to a defendant, and applicable timelines, depend on whether the defendant entered a plea or was found guilty at trial. As you might imagine, appeal...
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1 Answer | Asked in Appeals / Appellate Law, Foreclosure and Tax Law for Michigan on
Q: I lost my Home in Oakland County to tax foreclosure I have money to pay now is can I appeal

I entered into a payment agreement in Feb by paying a few thousand dollars. Due to mis information I miss 2 (300.00) payments when I called to pay off entire tax debt I discovered I no longer own my home it is scheduled for auction in July is there an appeal process. I have spoke to several people... Read more »

Adam Alexander
Adam Alexander answered on Jun 20, 2017

I suggest you contact Michigan's Step Forward program to see if they can help. The link is here: https://www.stepforwardmichigan.org/en/

You should also contact the Michigan Treasurer's office to see if they can point you in the right direction. You still may have redemption...
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1 Answer | Asked in Family Law, Appeals / Appellate Law, Elder Law and Probate for Michigan on
Q: After dad died the ex shows up with a will leaving her everything. He made it clear he destroyed it, but here it is

He left notes all over. How she stole everything he had. That she had him sign things when he was under sedation in the hospital. That she took advantage of his illness. When she filed for PR my brother protested because she didn't name his kids, when she did she never named me. She went... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 16, 2017

Was the will done before or after their divorce? WERE they actually divorced?

Too many unknowns to provide much real guidance here, but you SHOULD seek a local attorney to review the paperwork and discuss the situation with you. Bring both the divorce judgement and the purported will and...
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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Michigan on
Q: My friend pled not guilty to murder at bench jury. Sentenced guilty for life w/ little evidence & no suspects. Appeal?

Accused of murder, 1st degree by shooting of his girlfriend's mother. He had a key to the house as he was with his girlfriend for 4+ years. Bullets found at scene didn't match gun found on him. No blood found on him nor his clothing. A jacket he owns found to have similar fibers as found... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 4, 2017

To appeal or not depends on too many factors to answer convincingly in this forum. I'll address some inconsistencies in your question that hopefully will let you better understand the state of your loved one's case.

I am unsure whether your friend plead guilty or was found guilty...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Michigan on
Q: Are non trustworthy evidence and heresay testimony considered legal error? Thank you

I know it's my fault they got away with it

Thinking a cell phone in the courtroom is improper admittal of evidence

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Aug 21, 2016

The issue is did the defense attorney object at the time it was presented. If he did and the judge made a mistake and did not sustain the objection then it I would be considered legal error.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: Codefendant took plea to testify against my son in a homicide case. Appeal & new trial starts, does he still testify?

Would Codefendant still have to testify since he's already sentenced? Does new trial discard testimonies & evidence from old trial?

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Jun 23, 2016

If the prosecutor issues a subpoena to the co-defendant, then if called upon at trial the co-defendant would testify. The answer to your second question is complex. It would likely hinge on the reason for a new trial. In general any testimony presented in a previous court action can be used to... Read more »

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