Michigan Laws 780.716.amended – Appellate defender; duties generally
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Terms Used In Michigan Laws 780.716.amended
- Adult: means either of the following:
(i) An individual who is eligible to appeal a criminal conviction or exercise any other postconviction remedy. See Michigan Laws 780.711aAppeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Conviction: A judgement of guilt against a criminal defendant. Indigent: means that term as defined in section 3 of the Michigan indigent defense commission act, 2013 PA 93, MCL 780. See Michigan Laws 780.711a state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o Youth: means an individual who is eligible to appeal an order issued under section 2(a), (d), or (h) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 780.711a
The appellate defender shall do all of the following:
(a) Conduct an appeal of a felony conviction or conduct other postconviction remedies on behalf of an indigent adult for whom the appellate defender is assigned as attorney.
(b) Conduct an appeal of an order or conduct other appropriate postdisposition remedies on behalf of an indigent youth for whom the appellate defender is assigned as attorney.
(c) Provide investigatory and other services necessary for a complete appellate review or appropriate postconviction or postdisposition remedy, as applicable.
(d) Accept only that number of assignments and maintain a caseload which will ensure quality appellate defense services for indigent adults and youth consistent with the funds appropriated by the state. However, the number of cases assigned to the appellate defender office must not be less than 25% of the total appellate defense cases for indigent adults and youth pending before the appellate courts of this state.
(e) Maintain a repository of briefs prepared by the appellate defender and make those briefs available to private attorneys providing appellate defense services for indigent adults and youth.
(f) Perform other duties required by law as directed by the commission.