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Michigan Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Michigan on
Q: I was pulled over because my license plate number matched an out of state plate number from a stolen plate or vehicle.

This traffic stop consequently led to further legal action taken by the officer which has the potential for dismissal if the reason for the stop was invalid. Was this an invalid traffic stop?

Brent T. Geers
Brent T. Geers
answered on Aug 1, 2024

Worth a short but unlikely. The fact of the matter is that case law supports the proposition that police may be wrong if acting in good faith. I could very easily see an officer testify, and a judge believing, that just seeing the number match a known stolen plate is sufficient for a traffic stop.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Michigan on
Q: Is there still an opportunity to profit from the Minacs civil suit ?

I worked for Minacs for over a year and worked overtime

James L. Arrasmith
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answered on Feb 24, 2024

Whether there is still an opportunity to profit from the Minacs civil suit depends on various factors, such as the status of the lawsuit, the specific claims made, and any potential settlements or judgments reached. If you believe you are entitled to compensation for unpaid overtime or other labor... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for Michigan on
Q: Can I file a late appeal under MCR 7.105(G) as soon as I get the circuit court's signed dismissal without prejudice?

My appeal to circuit court was dismissed without prejudice for premature filing. Once the order dismissing the case without prejudice is signed, can I immediately file a late appeal to circuit court under MCR 7.105(G) or do I need permission from district court? I'm in Wayne County, Michigan.... View More

Brent T. Geers
Brent T. Geers
answered on Feb 1, 2024

I'm confused by your question. It sounds like you are trying to appeal an eviction proceeding before a final order has been entered by the trial court (e.g., the district court). That is likely why the circuit court told you your filing was premature.

If this is an accurate read of...
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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: someone is currently incarcerated and is sentenced but would like to appeal is it possible for them to get more time?

inmate was sentenced in september for a criminal case and would like to appeal is it possible that they could get more time if they take it back to court and lose? or would the time remain the same?

Dana B. Carron
Dana B. Carron
answered on Jan 31, 2024

Yes it is possible for them to get more time. That would most likely occur if they had a plea agreement to receive a certain sentence, and now they appeal and are able to go back and have a trial. There are so many different scenarios possible. Of course you will want to have an attorney, and... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: I'm in a pickle with this court case that I'm in right now and really need some help they are violating my civil rights

I have been charged with my 4 hibutial offence for drugs that I don't know how they can do so since I have asked them to DNA test the seringes in the case that were found in my vehicle in a bag of someone else property but they refuse to it would show that I had nothing to do with them and no... View More

James L. Arrasmith
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answered on Nov 7, 2023

It's critical to secure legal representation if you believe your rights are being infringed upon during a criminal proceeding. In cases where evidence may exonerate a defendant, such as the DNA testing you mentioned, a lawyer can file the necessary motions to compel the court to consider this... View More

1 Answer | Asked in Arbitration / Mediation Law, Criminal Law and Appeals / Appellate Law for Michigan on
Q: Is it possible to get a chance at bootcamp or the second alternative incarceration if this is the 2nd time in prison

The first time in prison he had gun charges so he had to serve an automatic 5 years and therefore disqualified him. This is his 2nd time going to prison. His home was raided and a half gram of meth was found, they were going to charge him with 56gm because they count the weight of everything with... View More

Brent T. Geers
Brent T. Geers
answered on Jul 6, 2023

By the way you ended your question, it sounds like you also have a realistic sense of the outcome. MDOC policy says that only first-time prisoners are eligible for SAI consideration. But policy is not law. And ultimately, it's MDOC's call. I would say for your well-being, you can always... View More

1 Answer | Asked in Appeals / Appellate Law and Juvenile Law for Michigan on
Q: In Michigan, how can a teen victim contradict her story several times and the defendant is still found guilty?

I know that the victim is not the one on trial, but shouldn't the inconsistencies be a red flag and weigh in on the jury's based on beyond a reasonable doubt? I don't know if I worded the question correctly.

Brent T. Geers
Brent T. Geers
answered on Feb 9, 2023

Only the 12 people on that jury can answer that for you. The jury's job is to weigh credibility of witnesses. They can believe everything or nothing, or some combination thereof.

In CSC cases, it's not at all uncommon for testimony to be inconsistent as stories and memories...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: If the Michigan Court of Appeals sends a criminal case back to the lower court for a new trial

and the person is found guilty again, does the original sentence continue or will there be new sentencing?

Dana B. Carron
Dana B. Carron
answered on Feb 8, 2023

There would be a new sentencing. However, if the proofs at trial are basically the same, you would likely get the same sentence as before. The sentence is based on the entirety of the information that the judge knows, so it is possible for the sentence to change based on the difference of the... View More

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: During a criminal Appeal in Michigan, can the fact that expert testimony was not called by the defenseor the fact that

some motions were not filed in time, or there was no evidence to support the conviction, or new evidence was discovered all be the basis for the appeal?

Dana B. Carron
Dana B. Carron
answered on Feb 8, 2023

All the issues you stated could be argued on the initial direct appeal of the conviction . . . except for the discovery of new evidence (which in most instances is brought in a 6500 motion for post conviction relief). However, depending on what the new evidence is, you might have a way to make it... View More

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1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Michigan on
Q: what is my next step if i lost custody of my child and the Supreme Court won't hear my case?
Brent T. Geers
Brent T. Geers
answered on Sep 30, 2024

You should consult with an attorney and see if a federal issue is present in your case. Otherwise - and realistically - it is unlikely any court will overturn this decision.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: how long does it tak e to appeal acrimal case
Brent T. Geers
Brent T. Geers
answered on Apr 22, 2024

Months or years. It's not a fast process. And in the cases meriting success on appeal, you often times end up back in the trial court for further proceedings, which again takes time.

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Michigan on
Q: Should I notify District Court of Circuit Court's dismissal without prejudice & my intent to re-file a late Appeal?

The District Court recently entered a Judgment against me, but I filed for Appeal before the Judgment was signed. The Judgment is now signed.

My appeal to Circuit Court of the District Court's decision recently got dismissed without prejudice for premature filing. They said to refile... View More

Dana B. Carron
Dana B. Carron
answered on Feb 9, 2024

When you refile in the lower court, just indicate somewhere in your filing that the higher court dismissed without prejudice to refile in the lower court, and include a copy of the higher court's order at that time.

1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: I am looking for help with a drivers license appeal. Is there anyone who specializes in this area or that can help me?
Dana B. Carron
Dana B. Carron
answered on Feb 27, 2023

We need to know where you are located, before we can tell you if we can help you. You posted a question to attorneys within the entire state of Michigan, however, it indicates here that you are in Illinois. Please clarify.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: trying to fill out my appeal how do i find my judges bar number if my lawyer wont help me?
Brent T. Geers
Brent T. Geers
answered on Jun 21, 2022

First, be very cautious about what you are doing. Second, if you are appealing after a sentence, your attorney, unless they agreed otherwise, has no obligation to help you appeal. Appeals and trial work are completely different. If you are appealing, see my first point; you could be jeopardizing... View More

2 Answers | Asked in Appeals / Appellate Law for Michigan on
Q: Is it possible to appeal for a warning arrest letter that been issued for innocent person since more than 15 years ago?
Dana B. Carron
Dana B. Carron
answered on Mar 20, 2022

Do you mean that they sent you a letter recently that warns you that they intend to arrest you in regards to a crime that happened 15 years ago? If so, your best chance to stop it is to have an attorney or someone else get in contact with the issuing authority and try to get more details about... View More

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1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Michigan on
Q: My son was coaxed into signing away his rights to his son in Michigan. How can he get them back.

My grandson resides in Michigan with his mom. In 2020, he was taken from her. She and my son were given a list of requirements that had to be met in order for her to get him back. My son was told that if he signed away his rights it would get my grandson out of foster care sooner, so he did. Not to... View More

Brent T. Geers
Brent T. Geers
answered on Feb 14, 2022

This is a highly complex situation. Reading between the lines based on Mom having the kids now, it sounds like CPS and the foster care workers believe your son has some significant culpability. Do you know if he signed a custody agreement or a voluntary termination of parental rights? Those are two... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Michigan on
Q: how can a person get plea deal back after denying the offer andgoing to trial and get found guilty?

Also in a case of jury tampering, where a juror told two other juror about being approach outside court room about finding defendant guilty. do the judge have to do an investigation questions all jurors whos involved or could the judge just bring out all jury member and not question them about the... View More

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

You're not going to get the plea deal back. The time to accept the plea deal was before the jury sat down and was sworn in. Once a trial starts, you're in it for all the marbles.

Jury tampering is a separate issue, and will need to be addressed on appeal possibly. From the...
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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... View 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... View 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... View More

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