770.12 Appeal by people; right of defendant to bail upon appeal; provisions governing section.

381 words·~2 min read·/mi/chapter-770/770-12

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Sec. 12.

(1)Except as provided in subsection (2), the people of this state may take an appeal of right in a criminal case, if the protection against double jeopardy under section 15 of article I of the state constitution of 1963 and amendment V of the constitution of the United States would not bar further proceedings against the defendant, from either of the following:

(a)A final judgment or final order of the circuit court or recorder's court, except a judgment or order of the circuit court or recorder's court on appeal from any other court.

(b)A final judgment or order of a court or tribunal from which appeal of right has been established by law.

(2)The people of this state may take an appeal by leave in a criminal case, if the protection against double jeopardy under section 15 of article I of the state constitution of 1963 and amendment V of the constitution of the United States would not bar further proceedings against the defendant, from any of the following:

(a)A judgment or order of the circuit court or recorder's court that is not a final judgment appealable of right.

(b)A final judgment entered by the circuit court or the recorder's court on appeal from any other court.

(c)Any other judgment or order appealable by law or rule.

(d)A judgment or order when an appeal of right could have been taken but was not timely filed.

(e)A final order or judgment based upon a defendant's plea of guilty or nolo contendere.

(3)The right of the defendant to bail upon appeal under this section shall be governed by section 9a of this chapter and section 7 of chapter V.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17366 ;-- Am. 1941, Act 132, Eff. Jan. 10, 1942 ;-- CL 1948, 770.12 ;-- Am. 1977, Act 34, Eff. Mar. 30, 1978 ;-- Am. 1988, Act 66, Eff. Mar. 30, 1988 ;-- Am. 1994, Act 374, Imd. Eff. Dec. 27, 1994

Compiler's Notes: For provisions of chapter 5, referred to in this section, see MCL 765.7.

Former Law: See section 1 of Act 159 of 1917.