View Full Version : Does the same judge handle the appeal?


sunshine4419
07-20-2006, 09:00 PM
We are waiting to know about our appeal but my question is does the same judge do the appeal? my B/F had a jury trial and the judge told him on his appeal paperwork to write wave the jury because he does not want another jury trial, they convicted him on no evidence, well its a mess I could go on and on there was no DNA, nothing. we are hoping that the same judge will do the case again also is there a site I can look to see where we are at on the appeal process without alway calling the lawyer?
thanks for all the help

marmot
07-22-2006, 09:17 PM
What district court is it in?
My county is 12 so our website is d12.com
I assume all districts are the same.

RedsMom
07-23-2006, 12:15 AM
my sons appeal was to be in front of the origianal judge ,unfortunatlly he lost his appeal :( but still has more options to appeal it, hope you get your appeal and things work out i know all about no evidence God Bless You Both

mrsdragoness
07-23-2006, 09:46 PM
It sometimes depends on the county and how many judges are within that county. As far as where the appeal stands, there won't anything posted online until a decision is made.

good luck!

june5
07-24-2006, 11:16 PM
Google "Michigan Code of Criminal Procedure", it's a lot to read through, but should give you some answers.

sunshine4419
07-27-2006, 05:11 PM
I am looking at his paperwork, it says third judicial circuit wayne county.
Is this what I need to look for? I also see on some other paperwork it states 17th district court. SHould I look for d17.com?
thanks


What district court is it in?
My county is 12 so our website is d12.com
I assume all districts are the same.

sunshine4419
07-27-2006, 05:14 PM
thanks for all the info, I think if he goes in front of the same judge we may have a chance not sure if it was recorded (probably wasn't) but the judge stated that she would have found him not guilty but she has to go with the decision of the jury. thanks again

MrJustice
08-29-2006, 02:39 PM
I realize I'm not used to the American system but I would be absolutely appalled if a trial judge were also the appeal judge. He/she is, in effect, being asked to overrule their own decision. That is not likely tohappen and, in this country certainly, would represent a serious conflict of interest. Even in a purely summary conviction matter, the appeal would be before a higher court justice.

Tom H
09-07-2006, 04:42 PM
All felony cases begin in the district court for arraignment and preliminary examination. If probable cause is shown, then the case is bound over to the circuit court. This is where the trial is held. If your boyfriend had a trial in the circuit court and was found guilty, his appeal is to the Michigan Court of Appeals - not the trial court. The only time you would go back to the trial court is on a motion - for a new trial, resentencing, relief from judgment, etc. But the first appeal of right out of a circuit court is to the Court of Appeals. There are time limits.

Tom H
Attorney in Lansing

honeymom
09-13-2006, 09:11 AM
Here is the link to the Michigan Court of Appeals. I found it very helpful when my son's father was going through the appeals process. It tells you what action has been taken and where the appeal is and then it also has a PDF of the final judgement when the process is over. I am putting a quick link up using the name search field, in which I thought was the easiest. I always put a * at the end of last name only and checked the closed cases box also.

http://courtofappeals.mijud.net/resources/public_pni.htm