Post-Appeal Collateral Attacks On Convictions
Understanding Post-Appeal Collateral Attacks On Convictions
After a conviction, two principal avenues exist to challenge both the conviction and the sentence: a direct appeal and a collateral post-conviction attack. The latter comes into play once the direct appeal process has been exhausted. However, it follows a distinct set of procedural rules and can be categorized into two main routes for relief.
The first avenue involves a state court motion that contests the conviction. In Michigan, this motion is known as a 6500 Motion, referring to Michigan court rule 6.500. The second route utilizes a federal Habeas Corpus Petition, filed under 28 United States Code 2254.
Exploring The Specifics Of 6500 Motions
In Michigan, a 6500 Motion is the method used to challenge a state conviction following an unsuccessful direct appeal. The rule stipulates that it must be filed before the same judge and court that where the conviction and sentence was entered. This post-conviction challenge only occurs after the case has been appealed directly to both the Michigan Court of Appeals and the Michigan Supreme Court.
A 6500 motion has specific requirements for valid presentation, such as demonstrating good cause and prejudice, along with clearly stated items within the motion or petition itself. Again, it’s important to remember that this motion has to be filed in the same court, under the same judge, where the original sentencing occurred.
Timeframe And Decision Process For 6500 Motions
Interestingly, there is no definitive timeframe for a judge to rule on a 6500 Motion. The lack of time constraints can result in 6500 motions lingering in court for extended periods, sometimes longer than seems necessary. This delay arises from the absence of any court rule requiring a decision within a specific period.
For those desiring an evidentiary hearing, it’s crucial to formally request one. The request must detail the reasons for needing this hearing in the 6500 Motion brief, supporting your demand with a factual proffer. This proffer should include relevant facts, evidence, and arguments supporting the need for the hearing. Remember, an evidentiary hearing isn’t a guarantee, and it can be denied unless properly substantiated by facts, evidence, and a persuasive argument.
For more information on Post-Appeal Collateral Attacks On Convictions, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 509-0056today.