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Originally Posted by kstahley
Does the following [in bold print] mean that he has the ability to apeal if they grant permission? This is from the Michigan Court Rules.
[...] (5) any appeal from the conviction and sentence pursuant to the plea will be by application for leave to appeal and not by right;
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Of course, this not legal advice of any kind. However, I agree with your impression, it seems that your friend can only apeal if the court allows him to do so.
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Originally Posted by kstahley
The requirements of subrules (B)(3) and (B)(5) may be satisfied by a writing on a form approved by the State Court Administrative Office. If a court uses a writing, the court shall address the defendant and obtain from the defendant orally on the record a statement that the rights were read and understood and a waiver of those rights. The waiver may be obtained without repeating the individual rights.
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And these appear to be the rules that must be followed.
I wish there was better news. Maybe some of the other members can add something more.
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-- Thomas Jefferson
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