by admin | May 13, 2021 | Criminal Procedure, Michigan
When trial by jury has been waived, the court with jurisdiction must proceed with the trial. The court must find the facts specially, state separately its conclusions of law, and direct entry of the appropriate judgment. The court must state its findings and...
by admin | May 13, 2021 | Criminal Procedure, Michigan
(A) Time of Waiver. The court may not accept a waiver of trial by jury until after the defendant has been arraigned or has waived an arraignment on the information, or, in a court where arraignment on the information has been eliminated under MCR 6.113(E), after the...
by admin | May 13, 2021 | Criminal Procedure, Michigan
The defendant has the right to be tried by a jury, or may, with the consent of the prosecutor and approval by the court, elect to waive that right and be tried before the court without a jury.Mich. Ct. R. 6.401
by admin | May 13, 2021 | Criminal Procedure, Michigan
If a plea is withdrawn by the defendant or vacated by the trial court or an appellate court, the case may proceed to trial on any charges that had been brought or that could have been brought against the defendant if the plea had not been entered.Mich. Ct. R....
by admin | May 13, 2021 | Criminal Procedure, Michigan
(A) Withdrawal Before Acceptance. The defendant has a right to withdraw any plea until the court accepts it on the record. (B) Withdrawal After Acceptance but Before Sentence. Except as provided in subsection (3), after acceptance but before sentence, (1) a plea may...
by admin | May 13, 2021 | Criminal Procedure, Michigan
(A) Advice to Defendant. Before accepting a plea of not guilty by reason of insanity, the court must comply with the requirements of MCR 6.302 except that subrule (C) of this rule, rather than MCR 6.302(D), governs the manner of determining the accuracy of the...
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