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I have a drug and firearm conviction,the former drug prosecutor on the case lied under oath to get a search warrant in another unrelated drug case.Refer to link http://www.freep.com/article/20120321/NEWS02/120321022/Wayne-County-drug-prosecuter-scandal-disbarred Can I appeal my conviction?I served 2 years and was released in 2010.Any info would be appreciated.
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Criminal Defense Attorney serving Williamston, MI
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No, under these circumstances you probably may not file an appeal. It appears that your trial occurred sometime in 2007 -2008, making your conviction at least 5 years old.
MCR 7.204 is jurisdictional (meaning if the appeal is not filed in time the court lacks the authority to hear it) and governs an appeal of right the time limit for filing an appeal of right is 42 days from specified events (all of which must occur within a relatively short time frame of your trial).
MCR 7.205 governs Applications for Leave to Appeal, and delayed Applications for Leave to Appeal. The time frame for Applications is 6 months from specified events, again of which occur within a relatively short time frame of trial.
If you could point to some specific evidence that the Prosecutor also engaged in misconduct in your case, that resulted in a miscarriage of justice or a fundamentally unfair trial, it is possible you might be able to obtain relief under a Rule 6300 motion. However jut because she engaged in misconduct in one case it does not mean she did so in all cases.
Answered on Feb 20th, 2013 at 9:18 AM