Michigan

Appeals & Post-Conviction Lawyer

When someone loses their criminal case and is convicted of a crime, they may think that all hope is lost. At Smith Blythe, we represent many clients in the appeal process both in state cases and federal cases.

However, the Appellate Court and Post-Conviction system is designed to allow a convicted person to request a review of another court’s decision because of some issue in the hopes of overturning the conviction.

If you or someone you love has been convicted of a crime and you’d like to look into your options for appeal or post-conviction, our legal team at Smith Blythe is here to help you figure it out.

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When someone loses their criminal case and is convicted of a crime, they may think that all hope is lost. At Smith Blythe, we represent many clients in the appeal process both in state cases and federal cases.

However, the Appellate Court and Post-Conviction system is designed to allow a convicted person to request a review of another court’s decision because of some issue in the hopes of overturning the conviction.

If you or someone you love has been convicted of a crime and you’d like to look into your options for appeal or post-conviction, our legal team at Smith Blythe is here to help you figure it out.

The Difference Between Appeals and Post-Conviction

By the time someone is looking for an appeals or post-conviction attorney, they may very well have been through the very worst situation they can imagine – not only being accused of a crime, but being convicted of it, too.

Unfortunately, mistakes that are not the fault of the accused during trial can and do happen in our legal system, leading to wrongful convictions and violations of people’s rights.

Mistakes or reasons a trial did not go the way it should have may include:

  • Judge makes legal error
  • Prosecutor misconduct
  • Ineffective assistance of counsel (trial attorney fails to defend you properly)
  • Insufficient evidence to convict
  • Newly discovered evidence

That’s where the appellate and post-conviction processes come into play.

Appeals

An appeal is a request to a supervisory court to change the legal ruling of a lower court. The supervisory court is usually composed of a panel of judges.

Post-conviction

Post-conviction relief allows the defendant to bring more evidence or raise additional issues in a case after they have been convicted.

Pleading guilty

When a defendant pleads guilty or no contest in Michigan, they do not have the right to appeal. However, they can file a trial court motion to withdraw the plea, or an Application for Leave to Appeal to the Michigan Court of Appeals.

The Appeals Process

  • Appeals – before 42 days or 14 days in federal court; On appeal, the accused can attack the process by which he was convicted, or the sentencing, or both.
  • Whichever side loses at the Court of Appeals may file an Application for Leave to Appeal to the Michigan Supreme Court within 56 days of losing in the Court of Appeals.
  • If the accused loses in the state courts, he has the option of taking the case to federal court (US District Court) with a Petition for Habeas Corpus, which is restricted to issues already raised in the state courts that were “exhausted” as federal issues in the state courts. After that, there are potential appeals to the US 6th Circuit Court of Appeals, and US Supreme Court.
  • Motion for Relief from Judgment, also known as a 6.500 motion

Our Experience with Appellate Cases

The Michigan Court of Appeals is one of the busiest intermediate appellate courts in the country. That’s why having an attorney with appellate experience is so important.

At Smith Blythe, our criminal sexual conduct attorneys have in-depth experience filing appeals, as well as a variety of other post-conviction motions, including:

  • Claims of Appeal
  • Applications for Leave of Appeal
  • Motions for Reconsideration
  • Motions for New Trial
  • Motions to Withdraw Plea
  • Motions for Resentencing
  • Motions for Relief from Judgment
  • Motions for Bond
  • Motions Regarding Sex Offender Registration and Electronic Monitoring
  • Petitions for Habeas Corpus to US District Court
  • Certificates of Appealability
  • Briefing and Oral Argument at State and Federal Courts
  • Petitions for Writ of Certiorari to the US Supreme Court
  • Claims of Appeal
  • Applications for Leave of Appeal
  • Motions for Reconsideration
  • Motions for New Trial
  • Motions to Withdraw Plea
  • Motions for Resentencing
  • Motions for Relief from Judgment
  • Motions for Bond
  • Motions Regarding Sex Offender Registration and Electronic Monitoring
  • Petitions for Habeas Corpus to US District Court
  • Certificates of Appealability
  • Briefing and Oral Argument at State and Federal Courts
  • Petitions for Writ of Certiorari to the US Supreme Court

We also frequently work with other attorneys and have assisted numerous clients with the post-conviction or sentencing process. Together with the attorneys we work with, weare available to argue before the following courts:

  • Circuit courts
  • The Michigan Court of Appeals
  • Michigan Supreme Court
  • US District Courts (the Eastern District of Michigan, Western District of Michigan and Northern District of Ohio)
  • US Court of Appeals
  • United States Supreme Court
  • Circuit courts
  • The Michigan Court of Appeals
  • Michigan Supreme Court
  • US District Courts (the Eastern District of Michigan, Western District of Michigan and Northern District of Ohio)
  • US Court of Appeals
  • United States Supreme Court
"
Shannon and Molly are the most knowledgeable attorneys in their field. They zealously defend their clients in extremely difficult cases, despite having to make many personal sacrifices to do so. If ever in need of counsel, I would want an attorney of their caliber and with their dedication in my corner. There is no better choice than these ladies for excellent legal representation.”
~ Cheryl Sweeney

"

Shannon and Molly are the most knowledgeable attorneys in their field. They zealously defend their clients in extremely difficult cases, despite having to make many personal sacrifices to do so. If ever in need of counsel, I would want an attorney of their caliber and with their dedication in my corner. There is no better choice than these ladies for excellent legal representation.”

~ Cheryl Sweeney

Contact Smith Blythe

At Smith Blythe, we understand that mistakes are often made in our legal system, and that the results can be devastating. Due to time restrictions for filing motions, it is important to retain the services of an experienced and knowledgeable Michigan sex crimes lawyer as soon as possible. Our team will take the time necessary to carefully review every aspect of your case, conduct investigations and research, find any legal or procedural errors that occurred before trial, during trial, at plea, or at sentencing, and discuss what legal options you may have available to remedy any mistakes that were made.

Fill out the form with the details of your situation to get started.

Are you a new client? Yes, I am a potential new client.No, I am a current existing client.I'm neither

Contact Smith Blythe

At Smith Blythe, we understand that mistakes are often made in our legal system, and that the results can be devastating. Due to time restrictions for filing motions, it is important to retain the services of an experienced and knowledgeable Michigan sex crimes lawyer as soon as possible. Our team will take the time necessary to carefully review every aspect of your case, conduct investigations and research, find any legal or procedural errors that occurred before trial, during trial, at plea, or at sentencing, and discuss what legal options you may have available to remedy any mistakes that were made.

Fill out the form with the details of your situation to get started.

Are you a new client? Yes, I am a potential new client.No, I am a current existing client.I'm neither