Legal Question in Criminal Law in Michigan

Appeals exhausted-any other recourse to get back to court

My son has been incarcerated in a Michigan correctional facility for seven years for a Criminal Sexual Conduct charge, which carrys a maximum life sentence. He has exhausted all his appeals and is looking for other ways to get back to any court. Do you have any suggestions?? We do not have the money to hire an attorney to assist him, so he has been filing motions and appeals on his own.

Any help or suggestions would be apprecited.


Asked on 4/08/01, 1:17 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Appeals exhausted-any other recourse to get back to court

Without knowing the facts of the case, the history of the case, prior appellate claims, etc., your general question can only get a general answer.

Having "exhausted his appeals", his options are limited. Obviously, there has to come a point where there is "finality" for every case.

You should shop around for a lawyer who does criminal appeals, and who may agree to meet with you for an initial consultation (for free or for a nominal charge). In that meeting, you might find out whether your son has any procedural options. That lawyer may not agree to take on your son's case, but may give you some insight into the hurdles he'll have, and may have names of other appellate attorneys you can talk to. Some attorneys will represnt prisoners for very little money, and even pro bono.

One thing that our office has seen coming from prisoners after all appeals have been exhausted (and YEARS after we've closed our files) are "Motions for Relief From Judgment", which try to raise all kinds of issues. This may be a vehicle that could get your son's case back in front of the trial court, but they are generally not successful. (Look at it this way: your strongest arguments are raised in your appeal of right, right? If that/those issue(s) was a loser, then what are the odds that a Johnny-come-lately "oh, now let me complain about THIS" issue will be successful?

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Answered on 6/08/01, 10:18 am


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