Are you wondering about the appeals process in Michigan?
Detroit’s former ex-mayor was disappointed again when his conviction and sentence upheld last week.
Kwame Kilpatrick was once thought to be Detroit’s golden boy having grown up on the west side of Detroit. Kilpatrick graduated from Cass Tech High School and received a full scholarship to Florida A&M for football.
Forbes.com reports, Kilpatrick as the youngest mayor Detroit has ever seen.
“Detroit residents had high hopes for the new mayor. The city, which had seen its share of tough times, was poised for a renaissance. Kilpatrick was to lead the way. He was almost a symbolic figure: young, energetic, polished, well-educated and ready to tackle challenges. He became a symbol, however, of something more: of political corruption and greed.”
In 2008, Kilpatrick made headlines with a text message scandal that proved he perjured himself. Not long after that the criminal indictments started flooding in.
Instead of leading the way, Kilpatrick was accused of lining his pockets with tax payers’ money. He was accused of using the Kilpatrick Civic Fund, a tax-exempt charity as a person piggy bank. Phrases like a “climate of fear” were used to describe how Kilpatrick and his friend Bobby Ferguson conducted business.
In 2013, Kilpatrick was convicted on 24 counts. The Detroit Free Press reported,
“The most serious charges, including racketeering and mail fraud, carry maximum 20-year prison sentences. Other crimes in the indictment, such as bribery and extortion, each carry a maximum 10-year prison sentence. The Kilpatricks also faced tax charges, which carry three-year maximum prison sentences.”
In the article that I published back in March of 2013, Kwame Kilpatrick Found Guilty on 24 Counts, we learned that during the 5 month trial, jurors heard from 80 witnesses, saw bank records, contract agreements, text messages, and audio recordings. Jurors also heard about Kilpatrick’s comfortable lifestyle, his lavish vacations, and Kilpatrick’s custom suits.
Kilpatrick was sentenced to 28 years in prison and ordered to 4.6 million dollars in restitution to the City of Detroit according to USA Today.
Since then, Kilpatrick has been trying to appeal his conviction and sentence. Last week, Kilpatrick made headlines again when a federal appeals court in Cincinnati rejected his appeal and upheld his conviction and sentence.
The three-judge panel did, however, give a victory to Detroit’s ex-mayor when they found that the restitution amount had been miscalculated. According to Michigan Live, the 4.5 million was calculated on Kilpatrick’s gain and not the city’s loss. This issue is being sent back to U.S District Judge Nancy Edmunds to be adjusted.
The Detroit Free Press reported that Kilpatrick’s defense attorney says he will appeal again.
It looks like the Kilpatrick saga isn’t yet at an end. As Kilpatrick continues to appeal, you may be wondering about filing an appeal yourself. Filing an appeal can be confusing and difficult. While we have the online resource, How to File an Appeal in Michigan – A Review, to help it can still be frustrating.
If you or anyone you know is looking to file an appeal, please give my office a call today. I am here to help.
248-348-7400 or 586-530-1000