Can a Not Guilty Verdict Be Appealed in Michigan?

Can a Not Guilty Verdict Be Appealed in Michigan?

What Victims and Families Deserve to Know

Can a not guilty verdict be appealed in Michigan? That’s the question echoing in your mind. The jury didn’t see what you saw, despite what seemed like overwhelming evidence. The person you believe caused deep, lasting harm is now walking free — and you’re left wondering if this could really be the end.

The jury didn’t see what you saw, despite what seemed like overwhelming evidence. The person you believe caused deep, lasting harm is now walking free. Among the many questions ringing in your mind are, “Can this honestly be the end?” “Can a not guilty verdict be appealed in Michigan?”

The answers may be simple on their face. But, they have deep constitutional roots, rare exceptions, and powerful implications that shape the entire justice system. And this detailed guide will give you clarity. Mark Linton, a distinguished Michigan appeals attorney, wrote it after fighting hundreds of appeals across Michigan’s courts. 

Can a Not Guilty Verdict Be Appealed in Michigan if Double Jeopardy Applies?

So, do any substantial appellate grounds exist for overturning for a not guilty verdict in Michigan? The short answer is no. However, there are gray areas that exist where the prosecution might seek a case review. This, however, doesn’t mean the review will lead to a reversal. 

The Fifth Amendment to the U. S. Constitution bars what’s known as Double Jeopardy. This means that when a defendant is found not guilty, they can’t be retried for the same charge. Even if new evidence emerges later or if the trial judge made legal errors, nothing will change. 

The double jeopardy clause is an important part of American law. It protects people from the government’s continuous attempt to convict.

This principle is enshrined in Article 1, §15 of the Michigan Constitution. This makes it a federal and state-level restriction. And it’s respected at every level of the appellate system, from trial courts to the Michigan Supreme Court.

In Michigan, the People v. Dawson (1988) case is the controlling precedent that cemented this principle. In this case, the Michigan Supreme Court reaffirmed that “the state has no authority to appeal a verdict of acquittal, regardless of whether it resulted from a misapplication of law or misjudgment of facts.”

The double jeopardy protection is a structural protection as opposed to a procedural one. This means it’s not subject to a harmless error analysis, waiver, or later justifications. And upon acquittal, the legal barrier is absolute.

People often assume that once someone walks free, that’s the end — but the truth about whether a not guilty verdict can be appealed in Michigan is far subtler.

Why Double Jeopardy Exists 

Generally, the Double Jeopardy clause exists to protect everyone (not just individual defendants). It seeks to protect individuals from the government, which has vast resources, police powers, and legal muscle.

Without the protection, the state could harass a person with repeated prosecutions (vexatious litigation). Prosecutors could “test” arguments before juries and re-file charges until they get a conviction.

Endless trials could also leave defendants’ lives frozen in time. The justice system values finality. And once a person gets tried and acquitted, they get to move on. 

What Constitutes an Acquittal in Michigan Appellate Jurisprudence?

Michigan courts look at two aspects to determine if an appeal is barred. The first aspect is the verdict’s label (for example, a dismissal or judgment of acquittal). The second aspect is the functional substance of the lower court’s decision. Michigan follows the U. S. Supreme Court standard from the United States v. Martin Linen Supply Co. (1977) case. 

The standard states that “whether the ruling of the judge, whatever its label, actually represents a resolution, correct or not, of some or all of the factual elements of the offense charged.” Based on this statement, the next natural question would be, “So, what qualifies as an acquittal in Michigan law?” Well, here are some examples of acquittals that aren’t appealable:

A jury returns a general verdict of not guilty.

• A bench trial results in a not guilty decision under Michigan Court Rule (MCR) 6.403.

• The judge issues a directed verdict of acquittal under MCR 6.419 after the prosecution rests.

• One or more elements of the offense are deemed unproven beyond a reasonable doubt by the trial judge.

• MCR 7.202(6)(b) and MCR 7.203(A) don’t allow the state to appeal once any of the above-mentioned rulings occur. And the appellate court has no power to review the case.

  
  

When the State Can Seek Appellate Review (Without Violating Double Jeopardy)

There are narrow lanes where prosecutors can appeal decisions related to an acquittal. These lanes are almost entirely procedural and don’t constitute an actual acquittal.

And these scenarios aren’t appeals of a not guilty verdict. Instead, they’re appeals of dismissals, mid-trial rulings, or legal interpretations. Here are several such situations.

Appeal of Pre-trial or Mid-trial Dismissals

MCR 6.110(F) and Michigan Compiled Laws (MCL) 770.12 say that the prosecution can appeal if charges are dismissed before trial. This holds if the district court found weak probable cause at the hearing. In such a case, the jeopardy hasn’t yet attached. So, no double jeopardy concern will arise. 

Plus, if the circuit court dismisses a case after it’s sent from the district court, the prosecution has a right to appeal under MCL 770.12(1)(a). However, that only works if the dismissal happened before a jury was chosen. 

Mistrials or Dismissals Without Acquittals 

A mistrial declared due to a conflicting jury or when something serious and urgent comes up is not an acquittal. And the prosecution may retry the case.

The People v. Anderson (1980) is a prime example. In this case, the Michigan Supreme Court held that retrial following a defense-requested mistrial didn’t offend double jeopardy. This holds as long as no prosecutorial misconduct provoked the mistrial.

At times, a judge may dismiss charges mid-trial for insufficient evidence. And the decision may not answer the questions of guilt or innocence. In such a case, the state may appeal through the leave to appeal from a non-final order allowed by MCR 7.203(B). 

Appeal of Suppression Orders or Legal Rulings

MCL 770.12(1)(b) allows the prosecution to appeal a trial court’s ruling that suppresses evidence like confessions, identification, or physical evidence. Often, parties file these mid-case appeals before double jeopardy attaches.

Sometimes, suppression leads straight to acquittal. When this occurs, the People v. Richmond (2010) case ruling limits the state’s ability to pursue the appeal without offending double jeopardy. 

Appeals for Future Guidance 

There are rare cases where Michigan prosecutors file appeals after acquittal purely for clarifying a point of law for future application. Michigan courts generally discourage such advisory opinions. 

However, the People v. Pomeroy (1984) case suggests that prosecutorial appeals on pure questions of law may be considered. This holds if the questions sever from a specific defendant’s fate. However, no one can grant relief that would nullify the acquittal. 

What if the Defendant Beat One Charge But Lost on Another?

When facing several charge counts, the conviction is still open to appeal. However, the acquittal remains untouchable. The prosecution can’t challenge the not guilty finding even if it seems logically inconsistent with the conviction. This is common in complex trials involving:

• Multi-count drug indictment 

• Sex crimes involving multiple complainants 

• White-collar offenses with layered charges

  
  

What Can Victims Do if a Not Guilty Verdict Cannot Be Appealed in Michigan?

Explore how post-conviction relief or civil claims may provide recourse.

While there’s no way to reverse the not guilty verdict, there are several alternatives you can pursue for recourse. Firstly, you can pursue civil claims like wrongful death or personal injury in civil court. O. J. Simpson, for instance, beat murder charges in a criminal court but was held liable for wrongful death in a civil lawsuit.

Secondly, you may have the option to appeal restitution if there was a partial conviction. In cases where some charges resulted in conviction — even if others did not — you may still challenge the sentencing or restitution order. This is especially relevant in cases involving lesser-included offenses or convictions for attempted crimes. In such scenarios, a well-argued appeal can make a meaningful difference in the outcome.

If you’re navigating a confusing verdict, questioning a partial conviction, or hoping to challenge a restitution order, Great Lakes Appellate Law firm is the best appellate firm in Michigan to work with. We specialize in appellate review, constitutional errors, and post-conviction relief across all 83 counties and every level of the Michigan judiciary. 

We understand how to leverage acquittals, protect appellate rights, and navigate the rare gray zones of prosecutorial appeals. Contact us to bring clarity, and closure to what feels unfinished. 

Frequently Asked Questions About Whether a Not Guilty Verdict Can Be Appealed in Michigan

Q: Can the state of Michigan appeal a not guilty verdict?

A: No. Under the Double Jeopardy Clause, the state cannot appeal an acquittal, even if the verdict seems incorrect or legally flawed.

Q: What is double jeopardy in Michigan law?

A: Double jeopardy prevents someone from being tried twice for the same offense after an acquittal. Both the U.S. and Michigan constitutions protect this right.

Q: Can a victim or family member take any legal action after an acquittal?

A: While a criminal verdict stands, civil lawsuits (like wrongful death or personal injury) may still be an option. Partial convictions may also lead to restitution appeals.

Q: Are there any exceptions that allow the prosecution to appeal?

A: While a criminal verdict stands, civil lawsuits (like wrongful death or personal injury) may still be an option. Partial convictions may also lead to restitution appeals.