I have a friend who was charged with first degree murder who has served 15 years in a Michigan Prison, while there are some controversial circumstances in this case both defendants were in court on the same day in different court rooms where one was acquitted while my friend was charged with the crime. I was wondering if he would be able to file an appeal or motion to vacate or a motion to set aside convection and if so how would we go about filing the motion?
Criminal Defense Attorney
An appeal can always be filed provided it is still within the time frame and there is an appealable issue. This could only be determined after an experienced appellate attorney carefully reviews the case file and all transcripts. A motion to set aside the conviction is an expungement and would not apply to this case as murder cannot be expunged or set aside. He would not be eligible for parole until he served his minimum sentence as required by the truth in sentencing act. If there is nothing that can be appealed, then his only other chance would be a partner or a commutation from the governor which is rare. An appellate attorney should at least review the case to see if there are any options left.
7 lawyers agree
First, I would NOT recommend you filing the motion. If there are preserved, appealable issues, and/or substantial deviations in proceedure, arbitratary decisions by the court, or evidence that there were errors in the jury, timely appeal may be made. Hopefully, you will invest in a criminal appeals attorney.
6 lawyers agree