Sec. 18a.
(1) Upon the request of the victim, the prosecuting attorney shall notify the victim of the following:
(a) That the defendant filed an appeal of his or her conviction or sentence or that the prosecuting attorney filed an appeal.
(b) Whether the defendant has been ordered released on bail or other recognizance pending the disposition of the appeal. If the prosecuting attorney is notified that the defendant has been ordered released on bail or other recognizance pending disposition of the appeal, the prosecuting attorney shall use any means reasonably calculated to give the victim notice of that order within 24 hours after the prosecuting attorney is notified of the order.
(c) The time and place of any appellate court oral arguments and any changes in the time or place of those arguments.
(d) The result of the appeal. If the conviction is ordered reversed, the sentence is vacated, the case is remanded for a new trial, or the prosecuting attorney's appeal is denied, and if the prosecuting attorney has filed the appropriate notice with the appellate court, the appellate court shall expedite delivery of the relevant document to the prosecuting attorney's office by any means reasonably calculated to give the prosecuting attorney prompt notice. The prosecuting attorney shall use any means reasonably calculated to give the victim notice of that order within 24 hours after the prosecuting attorney is notified of the order.
(2) If the prosecuting attorney is not successful in notifying the victim of an event described in subsection (1) within the period set forth in that subsection, the prosecuting attorney shall notify the victim of that event as soon as possible by any means reasonably calculated to give the victim prompt actual notice.
(3) The prosecuting attorney shall provide the victim with a brief explanation in plain English of the appeal process, including the possible dispositions.
(4) If the case is returned to the trial court for further proceedings or a new trial, the victim has the same rights as previously requested during the proceedings that led to the appeal.
History: Add. 1988, Act 21, Eff. June 1, 1988 ;-- Am. 1993, Act 341, Eff. May 1, 1994 ;-- Am. 2000, Act 503, Eff. June 1, 2001 ;-- Am. 2005, Act 184, Eff. Jan. 1, 2006
Structure Michigan Compiled Laws
Chapter 780 - Criminal Procedure
Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834)
Article 1 - (780.751...780.775)
Section 780.751 - Short Title.
Section 780.753 - Information to Be Given Victim.
Section 780.754 - Return of Property to Victim; Retention of Evidence.
Section 780.757 - Waiting Area for Victim or Other Safeguards.
Section 780.759 - Speedy Trial; Requirements; Hearing; Notice; Time of Trial.
Section 780.760 - Conference With Victim by Prosecuting Attorney.
Section 780.761 - Presence of Victim at Trial; Sequestering Victim.
Section 780.763a - Providing Victim With Form to Receive Certain Notices.
Section 780.764 - Impact Statement Generally.
Section 780.766b - Conviction of Offense Described in MCL 750.462a to 750.462h; Restitution.
Section 780.767a - Deductions and Payments.
Section 780.768b - Early Termination of Probation; Notice to Victim.
Section 780.770 - Notice of Escape.
Section 780.770b - Notice of Review Hearing.
Section 780.772 - Notice of Final Disposition of Case.
Section 780.773 - Cause of Action Not Created.
Section 780.774 - Failure to Provide Right, Privilege, or Notice to Victim.