Insights on Michigan Criminal Appeals from Mark Linton Michigan Appeals Attorney PLLC

When does prosecutorial misconduct become grounds for appeal in Michigan? Learn how appellate courts evaluate improper arguments, withheld evidence, burden shifting, and other conduct that may affect a defendant’s right to a fair trial.

The harmless error rule can determine whether a legal mistake leads to reversal or a conviction stands. Learn how Michigan appellate courts decide when an error affected the outcome of a criminal case.

Learn the difference between an Appeal of Right vs Application for Leave to Appeal in Michigan, when each applies, and how choosing the wrong procedure can affect your case.

A Ginther hearing allows Michigan courts to develop evidence outside the trial record when ineffective assistance of counsel is alleged. Learn when a Ginther hearing may be available, what must be proven, and how it can affect a criminal appeal.

Can ineffective assistance of counsel overturn a Michigan criminal conviction? Learn how Michigan courts evaluate attorney errors, Ginther hearings, criminal appeals, and post-conviction relief.

Learn how Michigan criminal appeals work, from identifying trial errors and preserving issues to standards of review, harmless error analysis, and appellate remedies.

The development of artificial intelligence (AI) is growing rapidly, particularly in deepfake and synthetic media. And it's forcing courts to confront questions that just a few years ago seemed purely hypothetical. According to Act 11 of 2025 (the Protection from Intimate Deep Fakes Act), a “deepfake" refers to audio, video or digital content that has been manipulated or generated by AI. And the intention is to depict people saying or doing things they never said or did. Synt

Can incognito mode be tracked? Learn how private browsing, digital evidence, warrants, and online activity can still become evidence in Michigan criminal cases.

Can police use AI chats as evidence in Michigan? Learn how courts evaluate AI conversations, probable cause, and how this evidence is challenged on appeal.

AI chat evidence is increasingly appearing in Michigan courts. This article explains how it is admitted, challenged, and used in criminal appeals.

Good cause MCR 6.508(D)(3) is one of the most critical hurdles in Michigan post-conviction relief. Learn how courts define good cause, what qualifies as an external barrier, and how to prove it with real evidence.

Affidavits often feel powerful—but in Michigan appellate courts, they are frequently ignored. Learn how the appellate record rule limits new evidence and what strategies actually work on appeal.

Michigan appellate courts rarely discuss credibility directly, yet credibility often shapes the outcome of appeals. Learn how the appellate record, standards of review, and trial court deference quietly determine many Michigan appellate decisions.

Drug quantity findings can dramatically affect sentences under the federal drug sentencing guidelines. This article explains how the Sixth Circuit reviews those findings on appeal, the standards courts apply, and why unreliable quantity evidence can lead to resentencing.

Newly discovered evidence in a Michigan appeal must do more than add detail or reinforce prior testimony. Michigan courts ask whether the evidence is materially new or merely cumulative, and that distinction often determines whether a motion for a new trial survives. Appeals based on newly discovered evidence fail more often than they succeed when this standard is misunderstood.

Michigan courts strictly distinguish between cumulative evidence and materially new evidence when deciding motions for a new trial. This article explains how judges apply that distinction, why cumulative evidence is often rejected, and what makes new evidence capable of changing an outcome.

Cumulative evidence is one of the most common reasons Michigan courts deny motions for a new trial. This article explains how the rule works, why judges rely on it, and what newly discovered evidence must show to overcome this barrier.

A Michigan evidentiary hearing is uncommon in post-conviction cases, but not impossible. Learn how affidavits, credibility disputes, and proper pleading under MCR 6.508 can move a case from paper review into the courtroom.

In Michigan post-conviction litigation, there are many common mistakes people make. However, very few are as fatal as confusing newly discovered evidence with newly available evidence. On paper, this difference may seem academic. But in Michigan courtrooms, it can determine whether a motion is seriously considered or dismissed outright. Judges don't treat all new evidence the same. Michigan courts apply a strict, multi-factor test to newly discovered evidence claims. Understa

A past conviction can threaten your future. Learn the legal options available to immigrants with a criminal record in Michigan and how to fight back.