The Role of New Evidence in Michigan Appeals Cases

New evidence in Michigan appellate law is often the last hope for someone who's wrongfully convicted. It's the lifeline that could mean the difference between freedom and a life behind bars for a crime you didn't commit. And while trial court proceedings give some allowance for parties involved to bring in new evidence, appeals courts work with strict legal doctrines that really limit you. And this makes it incredibly difficult to introduce new facts regardless of how compelling they may be.

This article takes a beyond-the-surface look at the procedural, constitutional, and strategic complexities of using newly discovered evidence in Michigan appeals and post-conviction relief.

The Most Common Legal Barriers to New Evidence in Appeals

Several legal barriers exist when it comes to presenting new evidence with the hope of having it considered in your case in a way that will tip the scales of justice in your favor. The two most common barriers are:

The Appellate Record Rule

Michigan appellate courts are guided by the “Record on Appeal” principle. This principle insists that the only evidence and arguments considered in all appeals cases are those that were presented at trial.

And since the appellate process is only focused on determining if legal errors occurred during trial, it's only fair that it limits the evidence to the one already presented as opposed to new, emerging evidence. That explains why it's very rare for standard appeals based on new evidence alone to succeed.

The good news, however, is that there are several exceptions, especially through:

Motions - Under the Michigan Court Rule (MCR) 7.216(A)(5), appellate courts can remand a case back to the trial court where new, additional evidence can be considered in the case for justice’s sake.

Motions for Remand - Michigan Court Rule (MCR) 7.216(A)(5) allows a party to request a remand for fact-finding if they discover crucial evidence after trial but before an appellate judge gives a decision on their appeal.

Standard vs. Extraordinary Appeals Routes

Conventional appeals (which are typically direct appeals to the Court of Appeals or the Michigan Supreme Court) are limited to reviewing mistakes from trial courts. New evidence is considered only under:

Post-Conviction Relief - Michigan Court Rule 6.500 and the rules that follow it state that a defendant can use a motion for relief from judgment to present new evidence that was not available at trial.

Federal Habeas Corpus - Based on the United States code that governs habeas corpus petitions (28 U.S.C. § 2254), a petitioner can argue that new evidence shows a constitutional violation after they've exhausted state remedies.

In essence, when new evidence demonstrates actual innocence, it can override procedural limitations that would otherwise apply.

The Burden of Proof for Newly Discovered Evidence

Before Michigan courts agree that new evidence warrants relief, it must meet four key requirements. These are:

The evidence must be newly discovered - This means that the new evidence wasn't known before and couldn't have been found in time with reasonable effort.

The evidence must not be cumulative - This means that the evidence must introduce fresh information and not just repeat or reinterpret what was already presented.

The evidence must not be used solely to impeach credibility - This means that the evidence must do more than just question someone's honesty because courts take a hard look at recantations before accepting them.

The evidence must be likely to change the outcome - This means that it's not enough that the new evidence raises doubt. It must also strongly and convincingly demonstrate that if the evidence was considered, the jury would have reached a different decision.

The four requirements were solidified as a cornerstone of Michigan law by the Michigan Supreme Court’s decision in the People v. Cress (2003) case. And it insists that all four requirements are met without any exception, otherwise relief will be denied.

Types of New Evidence That Have Successfully Overturned Convictions

DNA and Forensic Advances

Michigan Compiled Laws (MCL) 770.16 allows post-conviction DNA testing to be carried out if new technology reveals a wrongful conviction. And the testing has helped overturn many convictions in the past.

When there’s flawed arson analysis, bite mark evidence or shaken baby syndrome theories that are later discredited due to forensic science advancements, courts may reconsider convictions.

Suppressed Exculpatory Evidence (Brady Violations)

The Brady v. Maryland (1963) case introduced a new rule that constitutionally requires prosecutors to reveal any evidence favorable to the defendant. And Michigan courts have reconsidered and reversed convictions in cases where newly discovered suppressed evidence would have significantly impacted the outcome.

Witness Recantations and Perjury

As earlier mentioned, Michigan courts are generally skeptical of recanting witnesses. However, a case like People v. Johnson (2018) proves that relief may be granted when newly presented testimony fundamentally weakens the prosecution's case.

How Mark Linton Leverages New Evidence Effectively in Michigan Appeals

Mark Linton is a well-reputed Michigan appeals attorney who has successfully overturned numerous convictions using advanced strategies based on new evidence. He employs custom approaches and strategies to match the needs of every individual case. Two of his many winning strategies include well-refined 6.500 motion practices and uniquely optimized usage of habeas corpus.

In 6.500 motions, Mark understands that judges need more than claims to reconsider your case. And he has mastered the art of sourcing and providing detailed, signed, and notarized statements from credible sources.

He also knows how to find scientific experts who can provide the needed weight to prove the evidence’s reliability. Plus, based on his many years of Michigan appellate practice, he’s accurately able to anticipate prosecutorial rebuttals and counter their claims preemptively.

When you're denied relief by state courts and have exhausted all state remedies, Mark can help use federal habeas corpus petitions to argue that the new evidence proves actual innocence. He also understands how timing in such scenarios is critical and knows how to get your case moving forward quickly, smoothly, and effectively.

New evidence can open doors that were once slammed shut. It can mean hope, redemption, and freedom. You owe it to yourself, and your future to take action. Injustice thrives in silence but you don't have to fight alone. You deserve a fierce attorney who will fight for your story to be heard. Mark Linton can help you navigate the legal and procedural complexities of an appeal and stand by your side every step of the way until you get the justice you rightfully deserve.

Your future is worth fighting for. Call Mark Linton at (517) 295-2719, use our contact form, or email mark@michiganappealsattorney.com today.