Sec. 78.
(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 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 3 - (780.811...780.834)
Section 780.811a - Statement of Property Damage, Physical Injury, or Death.
Section 780.812 - Separate Written Statement.
Section 780.813 - Information to Be Given Victim of Serious Misdemeanor.
Section 780.813a - Revocation of Bond or Personal Recognizance.
Section 780.814 - Return of Property to Victim; Exceptions.
Section 780.817 - Separate Waiting Area for Victim; Safeguards.
Section 780.819 - Expedited Trial.
Section 780.820 - Conference Prior to Trial.
Section 780.821 - Right of Victim to Be Present at Trial; Sequestering of Victim.
Section 780.823 - Additional Notice to Victim; Means; Contents of Impact Statement.
Section 780.826 - Definitions; Restitution by Defendant Convicted of Misdemeanor.
Section 780.826a - Allocation of Payments.
Section 780.827 - Notice of Final Disposition of Case.
Section 780.827b - Early Termination of Probation; Notice to Victim.
Section 780.828 - Additional Notice to Victim; Further Proceedings or New Trial.
Section 780.828b - Notice of Escape.
Section 780.829 - Notice of Release of Defendant; Written Request.
Section 780.830 - Exemption of Victim's Address and Telephone Number From Disclosure.
Section 780.830a - Deductions and Payments.
Section 780.832 - No Cause of Action Against State or Local Government.
Section 780.833 - Failure to Provide Right, Privilege, or Notice to Victim.