Legal Question in Criminal Law in Michigan

Crime Initiation Location/Appeal CSC 1

Assume someone was convicted of CSC 1 and took a sentence reduction and plead ''no contest'' and they want to appeal. The crime initiated in Wayne County and ended in Oakland COunty. It was going to take to long to get a search warrant from Wayne so they called Oakland. Is there any way to appeal the case in a Wayne County court or is it too late? They initially tried to get Wayne County and I've heard it's ''easier'' to make a case there. This person hired a lawyer for the case and all of the motions the lawyer made were denied by the judge in oakland county. This person has prior drug related offenses (possesion of marijuana) and an uttering and publishing on his record - no violent crimes on his record all in oakland county. OC has a conviction rate of 99% (so I'm told) on these offenses. He could have had a case - the accuser is a homeless woman who admitted to smoking crack the night of the incident and who is a szchisophrenic(sp) that did not take her medication on the night of the incident. Is there anything that can be done with an appeal to help this guy out? If all the motions will most likely be denied then my assumption is that he's better off taking his sentence reduction (which was 15 - 23 years)


Asked on 4/03/04, 12:35 pm

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Crime Initiation Location/Appeal CSC 1

If the case was prosecuted in Oakland County, then any post-conviction challenges must be filed and heard in Oakland County ... and under the same Oakland County file number (... which will go back to the same plea/sentencing judge, unless that judge has retired). He could not file something in Wayne County because they don't have a case there.

If there was a proper issue about "venue" (in which county the case should be heard), then that should have been decided before the plea and sentencing.

Due to recent changes in the law, his appeal options are very limited. Because the defendant pled to the charge and was not convicted by a trial verdict, a lot of appeal options were waived by the plea. He can appeal his sentence (if there was an irregularity), but if this was a "sentencing agreement/deal" then what's he complaining about re: the sentence?

He should consult with an attorney to review his appeal options.

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Answered on 4/05/04, 8:37 am


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