Experienced Detroit Post-Conviction Appeals Attorney
Being convicted of a crime in Michigan is not the end of the road
Many things can happen over the course of a criminal trial. Often, judges make decisions regarding evidence or certain procedures which materially alter the outcome of a trial. Sometimes a prosecuting attorney acts inappropriately or the sentence handed down after a conviction is unjust. At the trial court level, judges rarely overturn their own decisions or even seriously reconsider their decisions once they have been made. Instead, a convicted defendant must appeal these cases to a court of review. In Michigan courts, convicted defendants have an appeal of right to the Michigan Court of Appeals if they have not pled guilty or entered a plea of nolo contendere. The same basic rule holds true in federal court.
Decisions of the Michigan Court of Appeals may be appealed to the Michigan Supreme Court. Decisions of the U.S. Court of Appeals may be appealed to the Supreme Court of the United States. These courts, however, are under no obligation to hear those appeals.
A criminal conviction is often just the start for a skilled, experienced criminal defense litigator. There are a myriad of issues which can be appealed in criminal cases that result in a conviction. These issues include:
- Whether the judge should have allowed certain evidence at trial
- Insufficient evidence
- Biases of judge or jury
- Sentencing guideline issues
- Ineffective assistance of counsel
- Prosecutorial misconduct
- Violations of Miranda, or against self-incrimination
Detroit criminal defense attorney Kimberly W. Stout helps convicted defendants ensure they receive the justice they deserve.
Appellate advocacy is a specialized skill
At the trial level, an attorney generally makes persuasive arguments directly to a jury. While motions are decided in front of judges, many judges limit the time and attention paid to these motions due to the busy motion schedules or trial dockets. When an issue is appealed, there are applications and briefs which each party must file. These documents usually offer a highly-detailed legal and factual analysis. Additionally, the party requesting the appeal can ask for an oral argument on appeal. An appellate oral argument is different from a cross-examination or closing statement one might see in a trial court. In an appeal, attorneys argue in front of a panel of experienced judges who can ask questions of either side and often engage in high-level intellectual conversations. Therefore, arguing an appeal is a nuanced exercise which requires impressive advocacy skills and an encyclopedic-knowledge of the relevant statutes and case law.
Arguing an appeal is an involved and time-consuming exercise. Very few attorneys are qualified or have the desire to argue an appeal. Detroit criminal defense attorney Kimberly W. Stout is highly- experienced in arguing appeals for criminal defendants . Her 36 years of appellate advocacy have made her a formidable appellate advocate. Additionally, her specialization in criminal defense law has given her impressive knowledge of the relevant statutes and case law.
Michigan’s DNA testing law, and other scientific issues, gives wrongly convicted defendants a second chance
Just because a criminal conviction happened a long time ago does not mean that the conviction cannot be appealed. Michigan has passed a law which gives convicted criminals a chance to show their conviction was inappropriate based upon DNA testing – if appropriate physical evidence is available. Indeed, there are now hundreds of examples across the country of wrongly-convicted individuals set free after DNA evidence cleared them, including Michigan.
Shockingly, it was found that faulty eyewitness testimony played a role in no less than 72% of convictions overturned by DNA testing . The fact is that human error can play a major role in a criminal conviction. Even what was once thought to be good scientific evidence for prosecutors is now in question due to human error and faulty presumptions. For instance, bad arson science understanding and practices have led to numerous convictions being overturned. Also, what was once considered un-challengeable evidence of shaken-baby syndrome is now considered “dubious” scientific analysis by many in the medical community . Needless to say, advances in scientific understanding have made many convictions open to appeal. Experienced post conviction appeals attorney Kim Stout understands these developing areas of the law. She works tirelessly as your appellate advocate to see that you receive justice.
Contact a post-conviction appeals attorney who zealously advocates for you
Post-conviction appeals are tedious and intricate. Premier appeals attorney Kimberly Stout advocates for clients facing post-conviction appeals in Detroit and throughout Michigan. She seeks justice for you by challenging your conviction. To schedule a free initial consultation, contact her law office at 248-258-3181 or online.