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Michigan General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to Prison & the Criminal Justice System in Michigan that do not fit into any other Michigan sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

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  #1  
Old 04-23-2016, 04:03 PM
nygirl17 nygirl17 is offline
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Default Anyone ever tried to appeal their sentence?

What was the outcome??
What was the reason for the appeal?
How long did the process take??
My husband heard from his lawyer about two months ago and hasn't heard from her since. Was just curious on how long the process normally takes.
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Old 04-23-2016, 04:04 PM
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If he took a plea, he gave up his right to appeal.
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Old 04-23-2016, 05:12 PM
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Unless something startling happened after he took the plea - e.g. previously unknown evidence surfacing, or ineffectiveness of his counsel - there's not much to do about anything.
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Old 04-23-2016, 06:33 PM
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My husband signed a plea agreement but at sentencing they used something against him like a pending charged that was later dropped and they added 15 months to his sentence. When he went to object his lawyer said no. By law they have to give him time to look at what they throwing in and they were supposed to give him the opportunity to sign a new plea deal or take it to trial. They didn't do either.
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Old 04-29-2016, 09:51 AM
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seen his appeal lawyer yesterday shes going to petition the court house in our county to drop the extra 15 months they gave him for nothing and if they wont then were going to court
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Old 04-30-2016, 05:37 AM
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Quote:
Originally Posted by pookiedoo2 View Post
If he took a plea, he gave up his right to appeal.
That's definitely not true...I know the law states that but if for some reason you can prove a mistake or like in my husband's case they used a pending charge in another state to add time to his sentence... presuming he would be found guilty there as well...but after he was sentenced they dropped all the charges for the other state. One state can use another state prior convictions but being able to use pending charges thinking they will find them guilty at a later date...I don't think so. We are trying what we can check might as well.
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Old 05-01-2016, 03:14 PM
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That's a special circumstance. Under normal conditions, once the person signs their appeal agreement paperwork, it's a done deal. They tacked on time to your LO's sentence that wasn't part of the plea deal.
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Old 05-01-2016, 05:20 PM
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There is a chance for appeal on a plea deal but you have to petition and ask the courts permission to do so. And have a very good reason as to why you deserve an appeal and have evidence something was very wrong. I will warn you a snowman on lasting a month on the sun has a better chance. I believe I read somewhere that there's like a 12% success rate. So the chances are slim.
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Old 05-01-2016, 06:17 PM
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I'll keep everyone posted on what happens. He's already seen a lawyer which means they are allowing him to appeal. If they weren't going to let him they would not appoint him one. They are filing a motion this week so we will see.
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Old 05-02-2016, 01:49 AM
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They assigned my wife a appeals lawyer also, who found several things that the lawyer thought was grounds for appeal. The lawyer filed all the necessary paperwork went to the hearing in county and when it was denied took it up with the appeals court then the Michigan supreme court and all denied to hear the appeal, the lawyer did get a couple small corrections made but nothing else. She did tell my wife the entire time chances were slim of any court hearing her appeal but the lawyer would do her best but told my wife not to get her hopes to high. Your case is different so I may be wrong, the paperwork my wife was given at the prison the first day said she had the right to request an appeal and there was a time frame to be assigned a lawyer and start the process but no appeal was guaranteed to be heard with a plea agreement. Good luck I hope it works out for your loved one.
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Old 05-02-2016, 05:19 AM
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Yeah every case is different. Can only my hope for the best but am prepared for nothing to happen. I know the changes are slim to none.
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Old 05-18-2016, 07:37 PM
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My husband lawyer filed his motion with our county court house and a hearing was set for June 20th. We will find out that say if they will give him time back or not. Will be praying everyday.
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Old 06-18-2016, 04:46 PM
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Court is on Monday. Please say a prayer or two for my husband. I'm nervous.
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Old 05-12-2018, 06:26 AM
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Quote:
Originally Posted by nygirl17 View Post
Court is on Monday. Please say a prayer or two for my husband. I'm nervous.
I'm curious, what happened with the appeal??
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Old 05-12-2018, 12:38 PM
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Quote:
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I'm curious, what happened with the appeal??
It was denied....we knew it would be anyway. Once you take an appeal it more then likely will be denied.
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Old 05-12-2018, 05:41 PM
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Quote:
Originally Posted by nygirl17 View Post
It was denied....we knew it would be anyway. Once you take an appeal it more then likely will be denied.
Do you know how the appeals in MI work? So my LO met with the same judge and prosecutor back in January and the judge basically admitted her wrongs. Long story short, he was sentenced for a longer period of time than what was agreed on an event that happened while he was on bond but nothing was made of that event, meaning that the police never arrested him or anything and that case/event or whatever its called, was dropped. But even with admitting her "wrongs," that judge did not want to do anything with his initial sentence and recommended the case go to the appeals court. So his lawyer sent in this 14 page motion or whatever its called to the appeals court. Well he just got a letter in the mail like 2 days ago from his lawyer saying that the case was approved by 3 appeals judges (he said the case has to be approved by 2 out of 3 appeals judges) and they are waiting to hear back in the next few months. Sorry if this is all over the place bc I really do not know how the law works or anything about this prison stuff. Do you have any insight with this? Thanks!
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Old 05-12-2018, 07:53 PM
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Quote:
Originally Posted by elenaalexaline View Post
Do you know how the appeals in MI work? So my LO met with the same judge and prosecutor back in January and the judge basically admitted her wrongs. Long story short, he was sentenced for a longer period of time than what was agreed on an event that happened while he was on bond but nothing was made of that event, meaning that the police never arrested him or anything and that case/event or whatever its called, was dropped. But even with admitting her "wrongs," that judge did not want to do anything with his initial sentence and recommended the case go to the appeals court. So his lawyer sent in this 14 page motion or whatever its called to the appeals court. Well he just got a letter in the mail like 2 days ago from his lawyer saying that the case was approved by 3 appeals judges (he said the case has to be approved by 2 out of 3 appeals judges) and they are waiting to hear back in the next few months. Sorry if this is all over the place bc I really do not know how the law works or anything about this prison stuff. Do you have any insight with this? Thanks!
I dont know how it works but if they say that it has been approved then that must be a good sign. I would think that they would hear his case again and resentence him.
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Old 05-13-2018, 01:14 AM
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Hi, you can go online and look up his appeal an see what it said. Mine put in for an appeal and I keep track of in on line. Y'all sounds great!! My LO was denied, so we filled again to the Supreme Court. Good luck on our..
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Old 05-13-2018, 03:25 PM
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Quote:
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Hi, you can go online and look up his appeal an see what it said. Mine put in for an appeal and I keep track of in on line. Y'all sounds great!! My LO was denied, so we filled again to the Supreme Court. Good luck on our..
Can you tell me what website that is? Thanks!!
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Old 05-13-2018, 03:42 PM
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Can you tell me what website that is? Thanks!!
Hi, go to michigan.gov once there go the government. Then go do to judicial. You will see everything there. Hope it helps you find some answers. Best wishes to both of you.
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