...................................................... : Index No. APPLICATION FOR LEAVE TO APPEAL AFTER : Calendar No. SENTENCING ON PLEA OF GUILTY OR NOLO CONTENDERE rev. 10/03 : JUDICIAL SUBPOENA Plaintiff(s) Use this form if you pled guilty, guilty but mentally ill, or nolo contendere for a crime, and you want to appeal your -against: 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. Defendant(s) : ...................................................... • 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. THE PEOPLE OF THE STATE OF NEW YORK What to do before preparing and filing your application for leave to appeal TO • 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: GREETINGS: 1. A copy of the register of actions for your case. Ifexcuses being it before you file your application, make 6 WE COMMAND YOU, that all business and you receive laid aside, you and each of you attend before copies of it. , the Honorable at the Court located at County of 2. A copy in room of the plea and sentencing hearing transcripts.atIf you receive them before you file your application, , on the day of , 20 , o'clock in the noon, and at any recessed make 1 copy of testify or adjourned date, tothem. and give evidence as a witness in this action on the part of the 3. If you are raising a sentencing issue, the presentence information report. If you receive it before you file your application, make 1 copy of it. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to theGet your whose behalf this subpoena was issued for 12 months. penalty1 copy. and all damages sustained as a party on prisoner account statement for the past a maximum Make of $50 4. result of your failure to comply. 5. Make 5 copies of your judgment of sentence. Witness, Honorable Complete the application for leave to appeal and prepare for filing Court in County, day of , 20 , one of the Justices of the 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 sheetsign above and type name below) (Attorney must 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 Attorney(s) for havenot received one or both of these items from the circuit court, attach a copy of the request letter instead. What happens if you don't file your application for leave to appeal correctly? Office and P.O. Address • If you omit one of the required documents, the clerk's 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,Telephone No.: has not sent it before you must file but that court your application, then provide a copy of the letter to the Court of Appeals with your application. You will receive Facsimile No.: a defect letter from the Court of Appeals giving you 21 days to send the register of actions. By then, you should E-Mail Address: have received the register of actions and can forward it to the Court of Appeals. Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com Page 1 COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. How to file the application : Calendar No. • 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: : JUDICIAL SUBPOENA Plaintiff(s) 1. Five copies of an application for leave to appeal (including:a statement of delay if applicable), one copy -againstsigned. : 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 Defendant(s) : . . you. file. your .application,. substitute. it .with.the. request . . . . . to the circuit court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . letter 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. THE PEOPLE OF THE STATE OF NEW YORK 5. One copy of your prisoner account statement and certification, if applicable. TO 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. GREETINGS: • Send one copy of the application and attachments to the prosecutor in the county where you were convicted. WE proof of service on the "original" and on your copy showing you you mailed a copy to the Complete theCOMMAND YOU, that all business and excuses being laid aside, that and each of you attend before , the Honorable at the Court prosecutor. located at County of in file your application for leaveof appeal , 20 , on the day to , at o'clock in the noon, and at any recessed Where to room or adjourned date, to testify and give evidence as a witness in this action on the part of the • 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. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a Michigan Court of Appeals Michigan Court of Appeals result of your failure to comply. 1001 Woodward Avenue American Center Bldg. Suite 900 27777 Franklin Road, Suite 645 Witness, 48226-1970 , one of the Detroit, MIHonorable Southfield, MI 48034-8256 Justices of the Court in(313) 256-9212 County, day of , (248) 353-6763 20 Michigan Court of Appeals Washington Square Bldg. 109 W. Michigan Avenue Lansing, MI 48909-7522 (517) 373-0786 Michigan Court of Appeals State of Michigan sign above and type name below) (Attorney must Office Bldg. 350 Ottawa Street, NW Grand Rapids, MI 49503-2349 (616) 456-1167 Attorney(s) for More Instructions • Keep one copy of the application and attachments for yourself. Office and P.O. Address • 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, Telephone No.: 1 copy of presentence information report). You must also send a copy of these items to the prosecutor, and Facsimile No.: provide a proof of service to the Court of Appeals that you served the prosecutor with these items. You must E-Mail Address: date and sign this proof of service. Mobile Tel. No.: Page 2 American LegalNet, Inc. www.USCourtForms.com ...................................................... : Approved, SCAO : STATE OF MICHIGAN COURT OF APPEALS Index No. Calendar No. CIRCUIT COURT APPLICATION FOR LEAVE TO : APPEAL JUDICIAL SUBPOENA COUNTY Plaintiff(s) AFTER SENTENCING ON PLEA OF CASE NO: -against- GUILTY OR NOLO CONTENDERE : : Defendant's name, address, and inmate no. : THE PEOPLE OF THE STATE OF MICHIGAN v Defendant(s) : ...................................................... Using the information from your judgment of sentence form, enter the number of the circuit court, the county, and the case number THE PEOPLE OF THE STATE instructions for each of the items. Print or type all information. in the upper right-hand corner. Follow theOF NEW YORK TO STATEMENT OF DELAY 1. This application is being filed more than 21 days after entry of the judgment of sentence because: I did not know until recently that I could appeal the decision. GREETINGS: I could not afford the postage and copying costs to file this application. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , thenot know until recently how to appeal the decision. the Honorable at Court I did located at County of in room , complete this application. day of , 20 , at o'clock in the noon, and at any recessed I needed to get help toon the or adjourned date, to testify and give evidence as a witness in this action on the part of the Other: Explain Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to APPLICATION the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. 2. I was found guilty of the crime(s) as stated below: PLEA Count Witness, Honorable Court in County, G NC CRIME day of CHARGE CODE(S) , one of the Justices of the MCL citation/PACC Code , 20 (Attorney must sign above and type name below) *Plea: Check "G" for guilty plea; check "NC" for nolo contendere Attorney(s) for 3. I was sentenced as stated below by Judge Count . Name of judge SENTENCE MINIMUM MAXIMUM DATE SENTENCE JAIL CREDIT Years Mos. Days Years Mos. Mos. Days DATE BEGINS OTHER INFORMATION Office and P.O. Address 4. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. indigency on I filed with the trial court a request for appointment of an attorney and affidavit ofNo.: Date continued on page 2 CC 405 (10/03) . American LegalNet, Inc. www.USCourtForms.com MCR 7.205, MCR 7.212, MCL 770.3a(4) APPLICATION FOR LEAVE TO APPEAL AFTER SENTENCING ON PLEA OF GUILTY OR NOLO CONTENDERE COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : APPLICATION continued : 5. STATEMENT OF QUESTIONS INVOLVED Index No. Calendar No. : State the issues that you want the Court of Appeals to review, such as how you believe the circuit court erred in accepting your JUDICIAL SUBPOENA Plaintiff(s) plea or imposing the sentence. If you need more space, attach additional pages. -against- : : : Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 6. STATEMENT OF FACTS Give any facts not stated in items 2, 3, and 4 on page 1 that are relevant to this appeal. You must also state the transcript pages Your failure to comply with this subpoena is punishable as a attach additional pages. or other parts of the record that support your facts. If you need more space, contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: continued on page 3 CC 405 (10/03) APPLICATION FOR LEAVE TO APPEAL, PAGE 2 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : APPLICATION continued : 7. ARGUMENTS Index No. Calendar No. For each issue listed in item 5. on page 2, state the law that supports your:position and explain how the law applies to the facts JUDICIAL SUBPOENA Plaintiff(s) of your case. If you need more space, attach additional pages. -against- : : : Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of 8. RELIEF REQUESTED in room , on the day of , 20 , at o'clock in the noon, and at any recessed Stateor adjourned date, to testify Appeals to do. what you want the Court of and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Signature Date Attorney(s) for PROOF OF SERVICE Office and P.O. Address I certify on this date a copy of this application and appropriate attachments were served on the prosecutor of County by Date CC 405 (10/03) personal service. mail. Telephone No.: Facsimile No.: SignatureE-Mail Address: Mobile Tel. No.: APPLICATION FOR LEAVE TO APPEAL, PAGE 3 American LegalNet, Inc. www.USCourtForms.com