People wrongfully convicted of crimes have numerous avenues for seeking justice. For example, they may be able to file appeals or petition the court for a writ of habeas corpus. They must comply with statutory procedures prior to filing their petition, however, and if they fail to do so, their petition will likely be denied, as illustrated in a recent Michigan ruling. If you believe you were wrongfully convicted of a crime or need assistance with another criminal matter, it is in your best interest to contact a Michigan criminal defense lawyer to determine your options.
Factual and Procedural History of the Case
Allegedly, the defendant was convicted by a jury of numerous weapons offenses and assault with intent to commit murder. The trial court deemed him a third-offense habitual offender and sentenced him to concurrent prison terms of 30 to 60 years, 15 to thirty years, and 34 months to 10 years for his respective crimes. He subsequently appealed, arguing in part that police seized evidence from his home without showing him a warrant in violation of his Fourth Amendment rights. The state court denied his appeal, and he subsequently filed a petition for a writ of habeas corpus in the district court.
Requirements for Seeking a Writ of Habeas Corpus
After a criminal defendant files a petition for writ of habeas corpus, the court must undertake a preliminary review to evaluate whether it is clear from the face of the petition, including any attached exhibits, that the defendant is not entitled to relief in the district court. If the court finds the petitioner is not in fact entitled to relief, it must dismiss the petition. Continue Reading ›