Strategic post-conviction relief and criminal appeals throughout Michigan.
Post-conviction relief in Michigan provides individuals with a legal avenue to challenge their convictions or sentences after exhausting their direct appeals. Michigan habeas corpus and post-conviction lawyers at Brownstone Law specialize in navigating the complex landscape of state and federal relief options, including Rule 6.500 motions, federal habeas corpus petitions, and sentence modifications.
Whether you’re seeking to address ineffective assistance of counsel, newly discovered evidence, or constitutional violations that weren’t adequately raised on direct appeal, our experienced legal team works diligently to protect your rights and explore every viable path to relief.
With representation across Michigan’s state and federal courts, we serve clients throughout Detroit, Grand Rapids, Lansing, and surrounding counties.
Post-conviction relief addresses constitutional violations, legal errors, and newly discovered evidence that were not fully litigated at trial or on direct appeal. Unlike appeals, post-conviction motions allow factual expansion of the record and raise claims such as ineffective assistance of counsel or prosecutorial misconduct.
Our appellate lawyers handle the full scope of Michigan post-conviction relief, including motions under Rule 6500 of the Michigan Rules of Criminal Procedure, federal habeas corpus petitions under 28 U.S.C. §§ 2254, 2255, and 2241, and applications for executive relief. Each case is approached individually, with legal strategy tailored to procedural posture and evidentiary strength.
We represent clients across Detroit, Grand Rapids, Lansing, and surrounding jurisdictions, navigating both state and federal courts with precision.
The term “habeas corpus,” derived from Latin meaning “you shall have the body,” represents a fundamental legal right to challenge unlawful detention. In the post-conviction context, habeas corpus petitions serve as critical mechanisms to seek relief when a conviction or sentence violates constitutional protections or statutory requirements.
Michigan recognizes habeas corpus relief at both the state and federal levels, each with distinct procedural requirements and applicable standards of review. Understanding the differences between these mechanisms is essential to developing an effective legal strategy.
While Michigan primarily addresses post-conviction challenges through the Rule 6.500 motion framework, habeas corpus principles remain central to the analysis. A Rule 6.500 motion for relief from judgment allows defendants to raise claims grounded in constitutional violations, ineffective assistance of counsel, newly discovered evidence, or other grounds establishing a manifest injustice.
Once state remedies are exhausted, defendants convicted in state court may pursue federal habeas corpus relief through 28 U.S.C. § 2254 petitions filed in federal district court. These petitions allow a challenge to state court convictions based on federal constitutional violations or misapplication of clearly established federal law, as determined by the U.S. Supreme Court.
The process of filing a habeas corpus petition in Michigan involves several critical steps and procedural requirements. Understanding these requirements is essential, as procedural defects can result in dismissal before the merits of your case are considered.
Before filing, you must determine whether a state-level Rule 6.500 motion or federal habeas corpus petition is appropriate. Generally, state remedies must be exhausted before pursuing federal relief. If you have already filed a direct appeal or prior post-conviction motion, a Rule 6.500 motion may be your next available remedy. If state processes have been fully exhausted, federal relief options become available.
Any Rule 6.500 motion must be accompanied by affidavits, legal documents, or evidence substantiating your claims. The motion must not rely on unsupported allegations. The court may dismiss the motion without a hearing if insufficient evidence is presented.
Once filed, the trial court will either schedule a hearing or issue a summary dismissal order if the claims lack merit on their face. If the court denies your motion, you may appeal that decision or, in some cases, pursue federal relief.
Our team of experienced post-conviction attorneys brings decades of combined legal experience representing individuals throughout Michigan’s state and federal court systems. Our attorneys have successfully litigated complex post-conviction cases involving constitutional challenges, newly discovered evidence, and ineffective assistance of counsel claims.
Specialization in post-conviction law is critical. The field demands expertise in criminal procedure, constitutional law, evidentiary standards, and the technical requirements of post-conviction practice. Our attorneys stay current with evolving case law and legislative changes affecting post-conviction relief opportunities.
We approach each case with meticulous attention to detail, knowing that procedural errors or inadequate factual development can result in dismissal before your claims reach the court. We invest the time necessary to build compelling records that support your relief claims and persuasively present your case to the court.
Whether representing individuals in Michigan Circuit Courts, the Michigan Court of Appeals, the Michigan Supreme Court, or federal district courts, our attorneys maintain a commitment to thorough legal analysis and aggressive advocacy.
Federal habeas corpus relief provides individuals with an avenue to challenge convictions and sentences in federal court when state remedies have been exhausted. Three primary federal remedies are available, each with distinct purposes and applicable standards.
28 U.S.C. § 2255 Motions
A 2255 motion is available to individuals convicted in federal court who believe their conviction or sentence is unconstitutional or illegal. Federal prisoners file these motions in the federal district court where they were sentenced. The motion must identify how the conviction or sentence violates federal constitutional rights or federal law.
2255 motions may raise claims such as:
28 U.S.C. § 2241 Petitions
Unlike 2255 motions, 2241 habeas corpus petitions do not challenge the validity of a conviction or sentence. Instead, they address the manner in which a sentence is being executed or the conditions of confinement. Federal prisoners file these petitions while they are incarcerated.
Common 2241 claims include:
28 U.S.C. § 2254 Petitions
Individuals convicted in state court may petition a federal district court under § 2254 after exhausting state post-conviction remedies. These petitions challenge state convictions based on federal constitutional violations or misapplication of clearly established federal law as determined by the U.S. Supreme Court.
A 2254 petition typically involves:
Both the United States Constitution and the Michigan Constitution guarantee the right to effective assistance of counsel. Violations of this right represent one of the most common bases for post-conviction relief.
The Legal Standard: Strickland v. Washington
To establish ineffective assistance of counsel, you must demonstrate two elements under the standard established in Strickland v. Washington, 466 U.S. 668 (1984):
Michigan courts apply this standard in evaluating ineffective assistance claims under Rule 6.500 motions and in appellate contexts. The analysis is highly fact-specific, requiring detailed examination of counsel’s strategic choices, preparation, investigation, and courtroom advocacy.
Common Ineffective Assistance Claims
Effective post-conviction representation identifies specific instances where counsel’s performance was unreasonable:
Appellate Counsel Performance
Appellate counsel may be rendered ineffective through inadequate briefing, failure to identify strong appellate issues, or other advocacy deficiencies. These claims are raised through post-conviction motions after the appellate process concludes.
Michigan’s post-conviction relief landscape extends beyond Rule 6.500 motions and habeas corpus petitions. Several additional mechanisms exist to address convictions and sentences, each serving distinct purposes and involving different procedural requirements.
Michigan Governor's Pardon
A pardon is the governor’s executive action that removes the legal consequences of a conviction. A pardon in Michigan may be full or conditional and represents the ultimate post-conviction relief. To obtain a pardon, you must demonstrate complete rehabilitation and present a compelling case that justice requires restoration of your rights.
The Michigan Parole Board reviews pardon applications and makes recommendations to the governor. While the board’s recommendation does not bind the governor, a positive recommendation substantially increases the likelihood of success. Pardon applications require careful preparation and persuasive presentation of evidence demonstrating rehabilitation.
Commutation of Sentence
A commutation modifies a sentence but does not erase the conviction. A sentence may be reduced or eliminated through commutation, though the conviction itself remains on your record. Like pardons, commutations are granted by the governor following parole board review.
Commutations are particularly valuable when seeking sentence reduction. Individuals serving lengthy sentences who have demonstrated rehabilitation while incarcerated often pursue commutation applications.
Motion for New Trial
A motion for a new trial may be filed based on newly discovered evidence or trial errors. This motion must generally be filed within 56 days of sentencing unless it involves newly discovered evidence. A new trial motion is distinct from a Rule 6.500 motion and may be available even when direct appeal is pending.
Sentence Modification
Our experienced attorneys will review your case and provide feedback on your appeal options at no cost.
If you are seeking post-conviction relief, experienced appellate lawyers can assess whether relief is still legally available and what strategy gives you the strongest chance of success.
A direct appeal challenges legal errors contained in the trial record, while post-conviction relief (such as a Rule 6.500 motion) allows introduction of new evidence and addresses issues not properly raised during trial, including ineffective assistance of counsel and constitutional violations discovered after conviction.
Michigan has no strict filing deadline for Rule 6.500 motions; however, you must exhaust direct appeal rights first and file the motion within a reasonable time after conviction. Courts apply a "manifest injustice" standard when evaluating untimely motions, making prompt action advisable.
Ineffective assistance occurs when your trial attorney's performance fell below professional standards and there is a reasonable probability that better representation would have changed the trial outcome, evaluated under the Strickland v. Washington standard.
Yes, if you were convicted in state court, you may petition for federal habeas corpus relief under 28 U.S.C. § 2254 after exhausting state remedies. Federal review is limited to federal constitutional violations and misapplications of clearly established federal law.
A § 2255 motion is filed by federal prisoners in the district court where they were sentenced, while a § 2254 petition is filed by state prisoners in federal court after exhausting state remedies to challenge state convictions based on federal constitutional violations.
Yes, newly discovered evidence that was not available at trial and could not have been discovered through reasonable diligence can support a Rule 6.500 motion for relief from judgment, potentially leading to a new trial or sentence modification.
A pardon removes the legal consequences of a conviction and restores certain rights. Applications are reviewed by the Michigan Parole Board, which makes recommendations to the governor. Pardons require demonstration of complete rehabilitation and persuasive evidence supporting relief.
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