Insights from Michigan Appeals
Attorney Mark Linton:
Expert Guidance on Criminal Appeals

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.

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