Michigan Post-Conviction Relief Lawyer

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Appeal over, conviction still standing? A motion for relief from judgment has strict limits

I am Mitchell Bisson, a Grand Rapids appeals lawyer. I have litigated for over 15 years. This page covers criminal convictions that are past direct appeal: the MCR 6.500 motion, its one-motion limit, plea and ineffective-assistance claims and what follows a denial. I start with the record and the history of the case to find which claims belong in a motion and what proof backs each one. I do not promise outcomes.

The short answer. A motion for relief from judgment under MCR 6.502 is filed in the trial court after the direct appeal is over. It must specify all of the grounds for relief that are available, it may seek relief from one judgment only, and it may not be noticed for hearing. The rules generally allow one such motion, with exceptions for a retroactive change in law, new evidence, or a final order vacating a related conviction. The court cannot grant relief on grounds that could have been raised on appeal unless you show good cause and actual prejudice. Nothing here predicts how your motion will end.

Most people who call me about post-conviction relief are in the same place. The direct appeal is over or the time for it has passed, the conviction stands, and something has come to light: a witness trial counsel never called, bad advice before a plea, an error in the sentence, or evidence that did not exist at trial. Under MCR 6.501, a judgment of conviction and sentence entered by the circuit court that is no longer subject to appellate review may be reviewed only under subchapter 6.500. The rules on new trials, on correcting a sentence and on withdrawing a plea after sentencing each send you to the same place once your appeal rights run out. MCR 6.431(A)(4); MCR 6.429(B)(4); MCR 6.310(C)(2).

The motion goes to the clerk of the court that convicted you, and then to the judge who was assigned the case at the time of conviction. MCR 6.503(A)(1); MCR 6.504(A). That judge examines the motion and the file first. If it plainly appears from those materials that you are not entitled to relief, the judge must deny the motion without further proceedings, and reconsideration is due within 21 days after the clerk serves the order. MCR 6.504(B)(2)-(3). If the motion survives that review, the prosecutor is ordered to respond and gets at least 56 days to do it. MCR 6.504(B)(4); MCR 6.506(A). That early review is why the first motion matters so much.

Rule 6.502 does not set a deadline for filing a first motion, but time still matters. Federal law sets a separate one-year limit for a state prisoner’s habeas corpus application, which generally runs from the end of direct review or the expiration of the time to seek it, and the time a properly filed state post-conviction application is pending is not counted. 28 USC 2244(d)(1)(A), (d)(2). That is general information about a different proceeding, not advice on whether it applies to you. I do not promise outcomes. I do promise to tell you which limits your claims have to get past before you spend money on a motion.

What a motion for relief from judgment must contain

The motion has to be typed or legibly handwritten and verified, and it “must be substantially in the form approved by the State Court Administrative Office”. Unless the court orders otherwise, the motion and any supporting memorandum together may not exceed 50 pages double-spaced, not counting attachments and exhibits. MCR 6.502(C)

The motion must “specify all of the grounds for relief which are available” to you and of which you have, or by due diligence should have, knowledge. It may seek relief from one judgment only. If you want to challenge more than one judgment, you do it by separate motions. MCR 6.502(A), (B)

The limits that decide the result

Limit	What the rule says	Source
One motion	One and only one motion for relief from judgment may be filed with regard to a conviction, except for a retroactive change in law after the first motion, a claim of new evidence that was not discovered, or a final court order vacating a related conviction	MCR 6.502(G)
Still on appeal	The court may not grant relief from a conviction that still is subject to challenge on appeal	MCR 6.508(D)(1)
Already decided	No relief on grounds decided against the defendant in a prior appeal or proceeding, unless a retroactive change in the law has undermined the prior decision	MCR 6.508(D)(2)
Could have been raised	No relief, other than for jurisdictional defects, on grounds that could have been raised on appeal or in a prior motion unless there is good cause for the failure and actual prejudice	MCR 6.508(D)(3)
Burden	The defendant has the burden of establishing entitlement to the relief requested	MCR 6.508(D)
Innocence	The court may waive the good cause requirement if there is a significant possibility that the defendant is innocent of the crime	MCR 6.508(D)

Many post-conviction claims are claims that trial or appellate counsel was ineffective. Under Strickland v. Washington, the defendant “must show that counsel’s performance was deficient” and, as a second part, that the deficiency prejudiced the defense. 466 U.S. 668, 687 (1984)

After the trial court rules

After the prosecutor responds, the court reviews the motion, the response and the record, and “shall determine whether an evidentiary hearing is required”. Appeals from decisions under the 6.500 subchapter “are by application for leave to appeal to the Court of Appeals”. The six-month period for a delayed application “runs from the decision under this subchapter”, and nothing in the subchapter extends the time to appeal the original judgment. MCR 6.508(B); MCR 6.509(A)

How post-conviction relief moves

End of the direct appeal. The ordinary appeal is finished, or the time for it has passed.
Review. I read the transcript, the appellate briefs, the trial lawyer’s file and the record to find claims and the proof that backs them.
The motion. A verified motion on the approved form is filed in the trial court, stating all available grounds.
The court’s decision. The court decides whether a hearing is needed and then rules.
Appeal. A denial is appealed by application for leave to the Court of Appeals within the stated time.

What I do on post-conviction relief

I start with the record and the history: what was raised before, what was decided and what was not raised. The rules turn on that history. I identify claims that were never raised and look for whether the failure to raise them can be explained, and whether new evidence exists.

I then draft the motion in the approved form and gather the affidavits and records that support it, since the burden is on the defendant. I also tell you plainly when a motion is unlikely to meet the limits in the rules. Fees depend on the matter, its complexity and the work the appeal requires. I explain my fee arrangement at the consultation, before you decide whether to hire me.

Michigan post-conviction claims, limits and deadlines at a glance

The limits in the first rows decide most motions before anyone reaches the merits. I check them claim by claim.

Claim or issue	What must be shown	Time limit or key rule	Authority
Any first motion	A written, verified motion on the State Court Administrative Office form, filed with the clerk of the court that convicted you, stating all available grounds; motion and memorandum together limited to 50 pages	No filing deadline stated in the rule; may not be noticed for hearing	MCR 6.502(A)-(C); MCR 6.503(A)(1)
Second or later motion	A retroactive change in law after the first motion, new evidence not discovered before it, or a final order vacating a related conviction	One and only one motion otherwise; court may waive the rule if there is a significant possibility of innocence	MCR 6.502(G)(1)-(2)
Claim decided against you before	A retroactive change in the law that undermined the prior decision	No relief otherwise	MCR 6.508(D)(2)
Claim that could have been raised on appeal or in a prior motion	Good cause for not raising it and actual prejudice	Defendant has the burden; jurisdictional defects excepted; court may waive good cause on a significant possibility of innocence	MCR 6.508(D)(3); People v. Kimble, 470 Mich. 305, 313-14 (2004)
Ineffective assistance of counsel	Deficient performance and a reasonable probability of a different result	Strong presumption of sound strategy; can also supply good cause	466 U.S. 668, 687, 694 (1984); 493 Mich. 38, 52 (2012)
Plea-based conviction	A defect in the proceedings that makes the plea involuntary to a degree that it would be manifestly unjust to let the conviction stand	After the time for a post-sentence plea motion, only subchapter 6.500 applies	MCR 6.508(D)(3)(b)(ii); MCR 6.310(C)(1)-(2)
Newly discovered evidence	For a new trial: evidence itself new, not cumulative, not discoverable with reasonable diligence, and likely to make a different result probable on retrial	New evidence includes new scientific evidence for the second-motion exception	People v. Cress, 468 Mich. 678, 692 (2003); MCR 6.502(G)(2)(b), (G)(3)
Appeal from the decision	Application for leave to appeal to the Court of Appeals	21 days; a delayed application within 6 months of the decision under the subchapter	MCR 6.509(A); MCR 7.205(A)(1), (A)(4)(a)

What a defendant has to show

The burden is yours. The defendant has the burden of establishing entitlement to the relief requested. MCR 6.508(D).

Good cause and actual prejudice. For a ground that could have been raised on appeal or in a prior motion, other than a jurisdictional defect, both must be shown, and the Michigan Supreme Court applied that rule in People v. Kimble. MCR 6.508(D)(3); 470 Mich. 305, 313-14 (2004). Good cause can be established by proving ineffective assistance of counsel. 470 Mich. 305, 313-14. In People v. Reed, the Court said a defendant relying on counsel’s failure to raise viable issues must establish ineffective assistance under Strickland or show that some objective factor outside the defense kept counsel from complying with the procedural rule. 449 Mich. 375, 378 (1995).

Actual prejudice has a definition that depends on how the case ended. After a trial, it means that but for the alleged error the defendant would have had a reasonably likely chance of acquittal, or, where a plea offer was rejected on bad information or bad advice, that it is reasonably likely the offer would not have been withdrawn, the defendant and the court would have accepted it, and the result would have been less severe. After a plea, it means the defect made the plea involuntary to a degree that it would be manifestly unjust to let the conviction stand. In any case, it can mean an irregularity so offensive to a sound judicial process that the conviction should not stand regardless of its effect on the outcome, and for a challenge to the sentence, it means the sentence is invalid. MCR 6.508(D)(3)(b). The court may waive the good cause requirement if it concludes there is a significant possibility that the defendant is innocent. MCR 6.508(D)(3).

Ineffective assistance. The United States Supreme Court requires first that the defendant show counsel’s performance was deficient, 466 U.S. 668, 687 (1984), and then a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. 466 U.S. 668, 694. In Michigan, the defendant must also overcome the strong presumption that counsel’s performance was born from a sound trial strategy. People v. Trakhtenberg, 493 Mich. 38, 52 (2012). I read the trial lawyer’s file for the reason behind each choice before I decide whether a claim is worth putting in a motion.

What the prosecutor and the court will look at

A prosecutor who is ordered to respond will test the motion against the rule. These are the questions I expect, and I answer them in the motion before they are asked.

Is the conviction still open on appeal? The court may not grant relief from a judgment that is still subject to challenge on appeal. MCR 6.508(D)(1).

Was the claim decided before? Relief is barred on grounds decided against the defendant in a prior appeal or proceeding under the subchapter, unless a retroactive change in the law has undermined the prior decision. The rule adds that a court is not precluded from considering previously decided claims in the context of a new claim, such as in deciding whether new evidence would make a different result probable on retrial. MCR 6.508(D)(2).

Could it have been raised? On direct appeal, a claim that needs a factual record can be raised through a motion to remand. MCR 7.211(C)(1). If it was never raised, the answer is cause and prejudice, and the explanation has to be specific and supported.

Is this a second motion? After August 1, 1995, one and only one motion may be filed with regard to a conviction, with the three exceptions in the table. A first pro se filing styled as something else that effectively seeks to set aside the judgment can be recharacterized as a motion for relief from judgment, but only after the court gives notice and 90 days to withdraw or amend it, and that is why I want to see any earlier filing before anything new goes in. MCR 6.502(G); MCR 6.502(D).

Is the motion in proper form? A motion that is not on the approved form, or does not substantially comply with the rules, is either returned with the reasons and the form or decided as it stands. MCR 6.502(D). A motion may seek relief from one judgment only, though multiple convictions from a single trial or plea proceeding count as a single judgment. MCR 6.502(B).

What does the record show? If the motion is not denied on its face, the court may direct the parties to expand the record with letters, affidavits, documents, exhibits and answers under oath to the court’s interrogatories, and the other side gets a chance to admit or deny the correctness of what is submitted. MCR 6.507.

Ineffective assistance, plea claims and new evidence

Hearings. After reviewing the motion, the response and the record, the court decides whether an evidentiary hearing is required. If it decides one is not, it may rule on the papers or allow oral argument. MCR 6.508(B). If one is required, the court schedules it as promptly as practicable, the rules of evidence other than those on privilege do not apply, and a verbatim record is made. MCR 6.508(C). A hearing to develop facts outside the trial record on an ineffective assistance claim is known as a Ginther hearing. In People v. Ginther, the Michigan Supreme Court said that when a claim depends on facts not of record, it is up to the defendant to make a testimonial record at the trial court level. 390 Mich. 436, 443 (1973). If the court directs an evidentiary hearing or oral argument, counsel must be appointed for a defendant who has requested counsel and is indigent. MCR 6.505(A).

Plea cases. A motion to withdraw a plea after sentence is timed under the rule for applications for leave to appeal, and after that time the only route is subchapter 6.500. MCR 6.310(C)(1)-(2). A plea that is withdrawn or vacated does not end the case: it may proceed to trial on any charges that had been brought, or could have been brought, if the plea had not been entered. MCR 6.312. I explain that risk before anyone files.

New evidence. A second motion can rest on a claim of new evidence that was not discovered before the first motion was filed, and new evidence includes new scientific evidence, such as shifts in scientific consensus, in the scientific knowledge and opinions of a witness who testified at trial, or in a scientific method on which the trial evidence was based. MCR 6.502(G)(2)(b), (G)(3). A request for a new trial on newly discovered evidence is measured by the four-part test in People v. Cress: the evidence itself was newly discovered, it was not cumulative, the party could not have discovered and produced it at trial with reasonable diligence, and it makes a different result probable on retrial. 468 Mich. 678, 692 (2003).

Sentences. A sentence that is invalid can be corrected, and once appeal rights are gone the route for that is subchapter 6.500. MCR 6.429(B)(4); MCR 6.508(D)(3)(b).

What relief looks like, and what a denial leaves

The motion asks the court to set aside or modify the judgment. MCR 6.502(A). Whatever the court decides, it has to set out its findings of fact and conclusions of law, orally or in writing, in the record and enter an order disposing of the motion. MCR 6.508(E). If the court first decides the motion in part, it must reissue the order within 7 days of entering an order deciding the remaining issues, so that all decisions appear in a single order. MCR 6.508(F). That reissue requirement took effect May 1, 2025.

A denial is appealed by application for leave to appeal to the Court of Appeals, and the 6-month period for a delayed application runs from the decision under the subchapter, which includes a decision on the motion, a decision on a timely motion for reconsideration and a reissued order. The subchapter does not extend the time to appeal the original judgment. MCR 6.509(A). The ordinary period for an application is 21 days. MCR 7.205(A)(1). I calendar both dates the day the order arrives.

How I handle a Michigan post-conviction case

Collect the whole file. The judgment of sentence, the register of actions, plea and sentencing transcripts, trial transcripts, appellate briefs and opinions, any earlier motion and the trial lawyer’s file.
Build the history. I write down what was raised, what was decided, what was never raised and when each decision was entered, and I check whether a motion was filed before.
Sort the claims. For each claim I ask whether it was decided, whether it could have been raised, and what explains the delay and the harm.
Gather the proof. The burden is on the defendant, so I collect the affidavits, records and other material that back each claim before I draft.
Draft the motion. I use the approved form, state every available ground, include the verification and keep the motion and memorandum inside the page limit.
File and serve. I file with the clerk of the court that convicted you, serve the prosecutor, and calendar the dates for reconsideration, the response and any appeal.
Answer the response. I reply to what the prosecutor says, ask to expand the record if that helps, and prepare for a hearing if the court sets one.
After the ruling. I explain the order, tell you whether an application for leave to appeal makes sense, and calendar the deadline.

Ways a post-conviction motion may end without a hearing

Some of these are outcomes I try to avoid, and none is a promise about how your motion will turn out.

Summary denial. The court can deny the motion on the face of the file, with a concise statement of reasons. MCR 6.504(B)(2).

A ruling on the papers. After the response and any expanded record, the court may decide a hearing is not required and rule on the motion. MCR 6.508(B).

Return of the motion. A motion that is not on the approved form or does not substantially comply with the rules can be returned with a statement of reasons and the proper form. MCR 6.502(D).

Withdrawal or amendment. A court that intends to treat a first pro se filing as a motion for relief from judgment must give notice and 90 days to withdraw or amend it, and the court may let a defendant amend or supplement a motion at any time. MCR 6.502(D), (F).

What I need from you

Bring the judgment of sentence and the case number, the names of every lawyer who represented you and when, and every transcript you have. Bring the appellate briefs and the Court of Appeals and Supreme Court orders, any earlier motion and the order on it, and anything from any court about your conviction. Bring whatever you have on new evidence: names of witnesses, records, lab reports or other scientific material, and the date you learned of each. Tell me where you are confined or your current address. Do not file a second motion on your own before we talk, do not file something with a different title that asks to set aside the judgment, and do not let the 21 days after a summary denial go by without calling me.

Where your Kent County post-conviction motion will be heard

I represent clients in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. A motion under this subchapter challenges a judgment of conviction and sentence entered by the circuit court. MCR 6.501. In Kent County that is the Kent County Circuit Court, the 17th Judicial Circuit. The motion is filed with the clerk of the court where you were convicted and sentenced, and it is presented to the judge assigned at the time of conviction unless that judge is not available. MCR 6.503(A)(1); MCR 6.504(A). A decision on the motion is appealed to the Michigan Court of Appeals by application for leave. MCR 6.509(A). I confirm at the consultation which court holds your file.

Why people hire me for a Michigan post-conviction relief matter

You work directly with me, the lawyer handling your motion. I give you the strengths and weaknesses straight, including which limits your claims have to get past and what the proof would have to show. I read the whole record before I advise you, and then we decide together how to proceed.

Fees depend on the length of the record, the number of claims and whether a hearing is likely. I explain my fee arrangement at the consultation, before you decide whether to hire me.

Questions I hear from people considering post-conviction relief in Michigan

What is a motion for relief from judgment under MCR 6.500 in Michigan?

A motion under MCR 6.502 is the post-appeal procedure for challenging a Michigan circuit court conviction or sentence that is no longer subject to review under the court rules for the Court of Appeals or Supreme Court. It is filed in the court that convicted you, substantially in the form approved by the State Court Administrative Office, with a verification, and it must state all grounds for relief that are available.

Authority: MCR 6.501; MCR 6.502(A)-(D); MCR 6.503; MCR 6.505; MCR 6.506; MCR 6.508(B), (D); 28 USC 2244(d). Reviewed Oct. 2026.

What limits apply to an MCR 6.500 motion in Michigan, and can I file more than one?

MCR 6.508(D) bars relief if the conviction can still be challenged on appeal, or if the claim was decided against you before (unless a retroactive change in the law undermined the prior decision), and bars claims (other than jurisdictional defects) that could have been raised on appeal or in a prior motion unless you show good cause and actual prejudice. MCR 6.502(G) allows only one motion, with exceptions for a retroactive change in law, new evidence, or a final order vacating a related conviction.

Authority: MCR 6.508(D); MCR 6.502(D), (G). Reviewed Oct. 2026.

How long do I have to appeal a Michigan criminal conviction after a trial?

An appeal of right in a criminal case generally must be taken within 42 days after entry of the judgment or order appealed from. If you ask for an appointed lawyer in time and the court appoints one on the approved form, that order serves as your claim of appeal. If the court denies the request, you have 42 days from the order denying it. A timely motion for new trial, directed verdict or to correct a sentence also gives you 42 days from the order denying it.

Authority: MCR 7.204(A)(2); MCR 6.425(F)(1), (F)(4), (G)(1)(e). Reviewed Oct. 2026.

What do I have to prove to succeed on an ineffective assistance of counsel claim in Michigan?

Under Strickland v Washington, which Michigan follows, you must show that counsel’s representation fell below an objective standard of reasonableness, and that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.

Authority: Strickland v Washington, 466 US 668, 688, 689, 694 (1984); People v Trakhtenberg, 493 Mich 38 (2012); 28 USC 2254(d). Reviewed Oct. 2026.

Can I appeal after pleading guilty or no contest in Michigan?

Yes, but by application for leave to appeal, not as of right. MCL 770.3(1)(d) says appeals from final orders and judgments based on guilty or nolo contendere pleas are by application. The application is generally due within the later of 6 months after the judgment or 42 days after certain events, such as an order deciding a timely plea-withdrawal motion, or an order appointing or denying appellate counsel when counsel was requested within 6 months.

Authority: MCL 770.3(1)(d); MCR 7.205(A)(2), (B)(4)(d); MCR 6.425(F)(2); MCR 6.310(D); Halbert v Michigan, 545 US 605 (2005). Reviewed Oct. 2026.

How do I appeal after a judge denies my MCR 6.500 motion?

Appeals from decisions under MCR 6.500 are by application for leave to appeal to the Court of Appeals under MCR 6.509(A) and MCR 7.205(A)(1), which sets a 21-day period. MCR 7.205(A)(4)(a) allows a delayed application, with a statement explaining the delay, within 6 months of the decision under the subchapter, which includes a decision on a timely motion for reconsideration and a reissued order. The 6.500 process does not extend the time to appeal the original judgment.

Authority: MCR 6.509; MCR 6.508(F); MCR 7.205(A)(1), (A)(4)(a); 28 USC 2244(d)(2). Reviewed Oct. 2026.

Can I still appeal an error my lawyer did not object to at trial in Michigan?

Sometimes, in a criminal case, under the plain error rule. In People v Carines, the Michigan Supreme Court held that to avoid forfeiture you must show that an error occurred, that it was plain (clear or obvious), and that it affected substantial rights, which generally means it affected the outcome. Even then, reversal is warranted only in limited circumstances.

Authority: People v Carines, 460 Mich 750 (1999); People v Kowalski, 489 Mich 488 (2011); People v Ginther, 390 Mich 436 (1973); Walters v Nadell, 481 Mich 377 (2008). Reviewed Oct. 2026.

Does filing a motion for reconsideration or new trial extend my deadline to appeal in Michigan?

Sometimes. In civil cases, a timely motion for new trial, rehearing, reconsideration or other relief means the 21-day appeal period runs from the order deciding it. In criminal cases, 42 days runs from an order denying a timely motion for new trial, directed verdict or to correct an invalid sentence. A motion to reconsider that ruling extends the time only if it was itself filed within the 21 or 42 days.

Authority: MCR 7.204(A)(1)(d), (A)(2)(d); MCR 2.611(B); MCR 2.119(F)(1). Reviewed Oct. 2026.

Reviewed by Mitchell S. Bisson, October 28, 2026.

I handle motions for relief from judgment after a Michigan conviction. Contact me 24/7 by phone or email. Your Rights, My Fight! Call for a free initial consultation.

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Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan.

MBisson@BissonLegal.com

This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.