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Michigan Compiled Laws, Chapters 760 to 777 Code of Criminal Procedure § 770.12

Current as of January 01, 2025 | Updated by Findlaw Staff

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  1 and section 7 of chapter V.  2

1 M.C.L.A. § 770.9a.
2 M.C.L.A. § 765.7.
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Cite this article: FindLaw.com - Michigan Compiled Laws, Chapters 760 to 777 Code of Criminal Procedure § 770.12 - last updated January 01, 2025 | https://codes.findlaw.com/mi/chapters-760-to-777-code-of-criminal-procedure/mi-comp-laws-770-12/

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