Can a life sentence in Michigan be over turned or changed to parolable life?

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?

Roscommon, MI -

Attorney Answers (4)

Jared Clayton Austin

Jared Clayton Austin

Criminal Defense Attorney - Lansing, MI
Answered

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.

Robert E. Harris Jr.

Robert E. Harris Jr.

Criminal Defense Attorney - Detroit, MI
Answered

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.

David B. Carter Jr.

David B. Carter Jr.

Criminal Defense Attorney - Charlotte, MI
Answered

Get an attorney who does appeals. State and Federal.

Christopher Daniel Leroi

Christopher Daniel Leroi

Criminal Defense Attorney - Greenwood Village, CO
Answered

You absolutely need a criminal defense appeals attorney.

The information provided in this answer does not create an attorney-client relationship and is not considered to... more

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.