Michigan > Statewide > Appeals

Application For Leave To Appeal After Sentencing On Plea Of Guilty Or Nolo Contendere CC 405 - Michigan

Application For Leave To Appeal After Sentencing On Plea Of Guilty Or Nolo Contendere Form. This is a Michigan form and can be used in Appeals Statewide .
 Fillable pdf Last Modified 2/10/2005
Get this form for FREE as a print-only pdf

APPLICATION FOR LEAVE TO APPEAL AFTER rev. 10/03 SENTENCING ON PLEA OF GUILTY OR NOLO CONTENDERE Use this form if you pled guilty, guilty but mentally ill, or nolo contendere for a crime, and you want to appeal your conviction or sentence. See MCR 7.205 for details on filing an application for leave to appeal. When to file your application for leave to appeal Michigan Court Rule requires that you file the application within 12 months after the circuit court entered your judgment of sentence. Your appeal is not "filed" until it has been received by a clerk of the Court of Appeals. That means that if you mail your documents, they are not "filed" when you place them in the mailbox. They are filed when they reach the Court of Appeals and they are stamped by the clerk with the date and time of their arrival. What to do before preparing and filing your application for leave to appeal The Court of Appeals needs copies of certain documents to process the appeal. You will probably need to prepare a letter to the circuit court requesting these documents. If you do not receive one or more of these items before filing your application, make 6 copies of the letter to file with the Court of Appeals to show that you have requested them. These documents are: 1. A copy of the register of actions for your case. If you receive it before you file your application, make 6 copies of it. 2. A copy of the plea and sentencing hearing transcripts. If you receive them before you file your application, make 1 copy of them. 3. If you are raising a sentencing issue, the presentence information report. If you receive it before youfile your application, make 1 copy of it. 4. Get your prisoner account statement for the past 12 months. Make 1 copy. 5. Make 5 copies of your judgment of sentence. Complete the application for leave to appeal and prepare for filing A copy of the application with instructions on how to fill it out is provided in the form. Print or type. Complete the application for leave to appeal including the cover sheet using the instructions. Sign and date the "original" of the application. Make 5 additional copies. Attach one copy of the judgment of sentence and register of actions to each of the applications. If you havenot received one or both of these items from the circuit court, attach a copy of the request letter instead. What happens if you dont file your application for leave to appeal correctly? If you omit one of the required documents, the clerks office in the Court of Appeals will send you a letter explaining what is defective about your filing and will give you 21 days to correct it. For example, if you wrote a letter to the circuit court asking for the register of actions, but that court has not sent it before you must file your application, then provide a copy of the letter to the Court of Appeals with your application. You will receive a defect letter from the Court of Appeals giving you 21 days to send the register of actions. By then, you should have received the register of actions and can forward it to the Court of Appeals. Page 1<<<<<<<<<********>>>>>>>>>>>>> 2How to file the application You must file with the Court of Appeals the following documents to correctly submit an application for leave to appeal from your criminal conviction or sentence: 1. Five copies of an application for leave to appeal (including a statement of delay if applicable), one copy signed. 2. Five copies of the judgment of sentence you are appealing. 3. Five copies of the current circuit court register of actions. If the register of actions is not available when you file your application, substitute it with the request letter to the circuit court. 4. One copy of the transcripts of your plea and sentencing hearings. If the transcripts are not available when you file your application, substitute it with the request letter to the circuit court. 5. One copy of your prisoner account statement and certification, if applicable. 6. A check or money order for $375 to cover the entry fee. If you cannot afford to pay the entry fee, then you must file a motion to waive fees, along with an affidavit of indigency and, if you are incarcerated, a prisoner account statement and certification for the past 12 months. Send one copy of the application and attachments to the prosecutor in the county where you were convicted. Complete the proof of service on the "original" and on your copy showing that you mailed a copy to the prosecutor. Where to file your application for leave to appeal Send the "original" application and 4 copies of the application for leave to appeal and attachments, along with one copy of the transcripts (if available) and one copy of the Prisoner Account Statement (if applicable), to the Clerk of the Court of Appeals at one of the addresses below. Michigan Court of Appeals Michigan Court of Appeals 1001 Woodward Avenue American Center Bldg. Suite 900 27777 Franklin Road, Suite 645 Detroit, MI 48226-1970 Southfield, MI 48034-8256 (313) 256-9212 (248) 353-6763 Michigan Court of Appeals Michigan Court of Appeals Washington Square Bldg. State of Michigan Office Bldg. 109 W. Michigan Avenue 350 Ottawa Street, NW Lansing, MI 48909-7522 Grand Rapids, MI 49503-2349 (517) 373-0786 (616) 456-1167More Instructions Keep one copy of the application and attachments for yourself. If there are any items which you ordered from the circuit court but did not receive prior to sending your application, you must forward the appropriate number of copies of these items to the Court of Appeals when you receive them (5 copies of the register of actions, 5 copies of the judgment of sentence, 1 copy of transcripts, 1 copy of presentence information report). You must also send a copy of these items to the prosecutor, and provide a proof of service to the Court of Appeals that you served the prosecutor with these items. You must date and sign this proof of service. Page 2 <<<<<<<<<********>>>>>>>>>>>>> 3Approved, SCAO STATE OF MICHIGAN COURT OF APPEALS APPLICATION FOR LEAVE TO APPEAL CIRCUIT COURT COUNTY AFTER SENTENCING ON PLEA OF CASE NO: GUILTY OR NOLO CONTENDERE Defendants name, address, and inmate no. THE PEOPLE OF THE STATE OF MICHIGAN v Using the information from your judgment of sentence form, enter the number of the circuit court, the county, and the case number in the upper right-hand corner. Follow the instructions for each of the items. Print or type all information. STATEMENT OF DELAY 1. This application is being fil
Link/Embed this Document
URL
Embed


Popular Searches

  1. order of protection
  2. Case Management Statement
  3. quit claim deed
  4. default
  5. Civil Case Cover Sheet
  6. lien
  7. cover sheet
  8. continuance
  9. name change
  10. settlement

Bookmark and Share