This is a little complicated . My nephew was convicted of second degree murder , felony firearms , and drug possession with intent to sell . He appealed the second degree murder charge to the Michigan State Court of Appeals . The first time he appealed , he won and the Court of Appeals reversed his conviction . They said he should either be resentenced for manslaughter , or be re - tried on second degree murder again . The Jackson County Prosecutor's Office appealed to the Michigan State Supreme Court who declined to hear the case , but sent it back to the Appeals Court for reconsideration . The Court of Appeals reaffirmed their earlier decision , and the Prosecutor's Office is appealing again to the Supreme Court . Meanwhile my nephew has served his time on the felony gun charge and the drug charge . His ERD is December 11 , 2018 . The Parole Board denied his application for parole because they received inaccurate information from the Prosecutor's Office that said he has a pending felony charge against him . Actually he has no charges against him , because the presiding judge in his case vacated his conviction in late August , 2018 . There is still more I need to tell you .
As I understand it, you currently have a Court of Appeals decision in your favor, and the prosecutor filed an appeal of that, which is pending. It sounds as though you are likely to win again in the Mich Sup Ct, and will not need to file a habeas. If you lose in the Mich Sup Ct, then you will have an issue to appeal in a Habeas Petition. If you win in the MIch Sup Ct, you may still have Habeas issues on any part of any decision in the appellate process for which you are not satisfied.
If he loses in the Michigan Supreme Court, he can go to federal court with a petition for habeas corpus, to challenge the conviction. The decision of the parole board to deny parole is not subject to a petition for habeas corpus. Instead, it is best to provide them with the true information and ask them to reconsider.
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