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Michigan Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Michigan on
Q: ex parte signed no due process objection denied no ev. hearing supv. visits still 5 yrs later no reason said he meets

no factors has a criminal history I was shown to be unfit, unwilling, or unable. no evidence of abuse or neglect. I have all proof but never got to show because I NEVER got my hearing my daughter is being neglected educ,med,emoti, and emotional and psych abuse by alienating me almost to... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 21, 2021

You need to focus your arguments on what is happening now; not what happened or didn't happen five years ago. Perhaps the first step should be filing a motion to change parenting time. Your argument isn't whether supervised parenting time should have ever been in place, but that you no... Read more »

1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: What kind of things could possibly win an appeal for termination of parental rights?
Brent T. Geers
Brent T. Geers answered on Nov 9, 2021

Appeals generally turn on some legal error. Questions of fact or credibility of witnesses is for the trial court to determine. If there is a legal error and a question of fact, the remedy is usually a remand (send back) to the trial court for either a hearing or new trial.

An appeal is...
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1 Answer | Asked in Appeals / Appellate Law, Family Law, Civil Rights and Juvenile Law for Michigan on
Q: CPS used threats for compliance. There is proof, how can that help an appeal of termination of parental rights?

Cps threatened to have kids removed, foster care worker lied, refused services, added heresay statements on record, denied parent access to children for medical, dental, and school appointments

Brent T. Geers
Brent T. Geers answered on Nov 8, 2021

For the uninitiated, you will find "threats" mean something different in the legal world. When CPS (or police, prosecutor, attorney) says "if you don't do this, I'll do that"...and the "that" is something lawful - meaning under the law, they, or a judge, can... Read more »

1 Answer | Asked in Appeals / Appellate Law and Traffic Tickets for Michigan on
Q: I appealed a decision made on behalf of secretary of state to suspend my license for an year and 6 pts on my record

It was due to traffic stop and an supposed to be chemical drug test refusal which I just didn't understand

Brent T. Geers
Brent T. Geers answered on Oct 6, 2021

What is your question? It sounds like you got an implied consent violation. When the police suspect you of drunk driving, by virtue of you driving, you consent to a chemical test - which is usually a breath test administered at the jail or police station; not the one done on scene by the police,... Read more »

1 Answer | Asked in Appeals / Appellate Law, DUI / DWI and Cannabis & Marijuana Law for Michigan on
Q: What can be done if a judge in MI is ignoring the court of appeals decision that allows mmj patients to use on probation

My disabled husband was arrested for DUI and took a plea to a lesser charge because it seemed like all he could do. He took the plea with the understanding that it would not prevent him from using medical Marijuana as a brain tumor patient. The judge in lapeer County is not allowing him to use... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 23, 2021

That judge is not the only one...what can be done? Appeal a revocation or sanction of probation.

While it sounds like you are disappointed in the case outcome, DUIs can be tough to defend. If your husband was driving, and his BAC was over 0.08...I'm not sure what benefit going to trial...
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1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: how long after I get sentenced do I have to appeal
Dana B. Carron
Dana B. Carron answered on Sep 5, 2021

42 days to request appointed counsel. 56 days to file a claim of appeal following a trial. 6 months to file an application for leave to appeal following either a plea or a trial. An infinite amount of time (no time limit) to file a post conviction motion for relief back in the trial court if you... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Michigan on
Q: My 26 year old son has been incarcerated 7 + years his minimun was served 9-2020. We need a tough appeletic Attorney

Hes been flopped twice but has no additional incidents or any violent crimes. I am in Muskegon, MI he is in Baraga Correctional Facility we filed mandamus and need excellent representation

Brent T. Geers
Brent T. Geers answered on Aug 8, 2021

Has he completed all his programming? And when and what were his prior incidents? Is he in for a sex offense? It would not be unusual at all for someone in on a CSC to be flopped twice, due to apparently no fault of his own. Additionally, with COVID, a lot of programming just hasn't been... Read more »

1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: I filed a civil case in small claims court against a door company for poor installation.

I filed a civil case in small claims court against a door company for poor installation. We had a zoom conference and the judge could not hear me so he dismissed the case. I called the court and was told to file a motion, which I did, and due to the fact the post office having problems having... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 3, 2021

First, I am not a Michigan lawyer. But having said that, my answer is probably yes.

1 Answer | Asked in Appeals / Appellate Law, Traffic Tickets and DUI / DWI for Michigan on
Q: If I ask for driving license hearing reconsideration, with new evidence, can I still appeal if they deny me again?

I’m in Michigan. I was previously granted my license then lost it to a technicality, had a breathalyzer in car and battery died which caused it to say I was tampering with it, I appealed that and won and was granted license back. Before my license paperwork came I drove stupidly for dr appt and... Read more »

Frank B. Ford
Frank B. Ford answered on May 18, 2021

I doubt that they will allow you to have a reconsideration. But to answer your question, if they did give you a hearing for reconsideration and you again lost, you could still appeal to Circuit Court, if the situation falls within one of the limited circumstances in which an appeal to the court is... Read more »

2 Answers | Asked in Appeals / Appellate Law for Michigan on
Q: Newaygo michigan 27th circuit is unable to produce transcripts for appeal what happens

The trial was a complete farce all the way threw a real circus never seen anything like it

Dana B. Carron
Dana B. Carron answered on May 15, 2021

An appeal can definitely still be filed ... If I recall correctly, it is done with the trial attorneys filing affidavits of what they call the relevant facts at issue were.

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1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: Must long term appeal award check have to mail to lawyer

I hired a lawyer to work on my LTD due to rejection from no due diligence on the part of underwriter.

My lawyer never disposed anyone or went to litigation.

MESSA called me to say they are sending me a check for almost 2 years back pay. I will pay what I owe. My lawyer said the... Read more »

Brent T. Geers
Brent T. Geers answered on May 10, 2021

Your lawyer is correct. Generally, this sort of work is done on contingency, and in the world of government benefits is actually prescribed by law a certain percentage payable to the attorney. In either case, your lawyer was your representative in this litigation, and to properly settle the matter,... Read more »

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 »

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