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My father is incarcerated, and has made a request to the court, but they haven't responded. He's since learned that they have to respond within 56 days. That time period has passed, yet he still hasn't heard from them. What can he do?
Is he incarcerated in Michigan? If not, then in what state? What kind of request was this — what was he asking the court to do? In general requests for action by a court need to be set out in a proper pleading or motion, though some courts will give prisoners some leeway if the request is not in the right form. That said, if it strays too far from the required form of the request, it may not get any response.
We have discovered that the body, in his supposed victim's grave, doesn't match the person that he's been convicted of murdering.
If what you say is true, there's no way a layperson can effectively navigate the legal system to achieve the result desired.
That said, reach out to these lawyers who can and have effected the release of wrongfully incarcerated individuals.
Innocence Project - Help us put an end to wrongful convictions!
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Contact - Innocence Project
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What makes him think that the court must respond in 56 days? I'm asking for a specific citation to a court rule or state statute/law.He's since learned that they have to respond within 56 days.
Thanks, so much, for responding.
Yes. He's incarcerated in Michigan.
The request was for a court order for a tissue block sample. The tissue block sample is being held at a medical examiner's office, and he wants to perform a DNA test on it. We have discovered that the body, in his supposed victim's grave, doesn't match the person that he's been convicted of murdering. For this reason, we want to perform a DNA test on the tissue block sample, which was taken directly from the body that was found and used to convict him. We suspect that he's serving time for a crime that may not have even been committed.
We have contacted the medical examiner's office, and have asked that they release the sample, so that we can perform a DNA test. However, they have said that they won't release it without a court order; hence my father's motion to the court.
I know my father has submitted motions to the court before. So he's not completely unfamiliar with the process. However, I believe that this is the only time that they have not responded. So, he's not quite sure what he can do.
Thanks, again, for responding.
but they haven't responded. He's since learned that they have to respond within 56 days.
What can he do?
The request was for a court order for a tissue block sample. The tissue block sample is being held at a medical examiner's office, and he wants to perform a DNA test on it.
How/from whom did he learn this? What law or court rule supposedly requires a response within this time frame?
Is there any pending legal action (e.g., a habeas petition)?
Absent further detail, all anyone here can tell you intelligently is that he should confer with his attorney.
Ok...well...he's obviously not going to perform that test in jail/prison. Does he have a lab set up to do this test? There's got to be an attorney involved, right? If not, he's swimming upstream with one hand tied behind his back.
I'd have to reach out to my father, in order for him to provide the actual 56-day statute.
There are three places in the Michigan Rules of Criminal Procedure that mention 56 days:
6.505
6.506
6.509
Michigan Court Rules Chap 6. Criminal Procedure
They are pretty easy to understand and none of them apply to a deadline for the "court" to respond to anything.
By the way, all the filings he has made to the court, did he also serve them on the prosecuting attorney as the rules require?
It's not up to the court to serve the documents.He sent me a copy of what he mailed to the court. In his letter to the office clerk, he states that he has enclosed one original, and three copies. He then requests that copies be sent to the prosecutor's office.
I'm able to contact him, via electronic communication -- kind of like an E-mail system for inmates. I sent him a message, but, according to the website, it can take up to 48 hours for my message to be delivered. Unfortunately, this isn't very efficient. However, I'm looking forward to his response on where he learned of the 56-day rule.
He sent me a copy of what he mailed to the court. In his letter to the office clerk, he states that he has enclosed one original, and three copies. He then requests that copies be sent to the prosecutor's office.
It's not up to the court to serve the documents.
Fair enough - I may have gone a bit too far out on that limb...In the case of an incarcerated prisoner, who appears to be acting without an attorney and who is presumably regarded as indigent, it may very well be up to the court clerk to do this.
I don't practice criminal law. Nor do I practice in Michigan. However, with no pending legal action of any sort, I'm highly skeptical that the court has any obligation to do anything. Of course that will depend on what exactly your father submitted to the court.
Seek a pardon from the governor.
As a last resort, contact law Professor James Duane at Regent Law School.
J.D. James J. Duane - School of Law Faculty | Regent University
Professor Duane has been long waging a crusade about people spending their lives in prison for crimes they didn't commit.
Watch these videos and you'll get the idea.
"You Have the Right to Remain Innocent" (James Duane) - YouTube
No guarantees.
Have you tried asking a group such as The Innocence Project for help?