Sec. 12. (1) Except as provided in subsection (2), the people of this state may take an appeal of right in a criminal case, if the protection against double jeopardy under section 15 of article I of the state constitution of 1963 and amendment V of the constitution of the United States would not bar further proceedings against the defendant, from either of the following: (a) A final judgment or final order of the circuit court or recorder's court, except a judgment or order of the circuit court or recorder's court on appeal from any other court. (b) A final judgment or order of a court or tribunal from which appeal of right has been established by law. (2) The people of this state may take an appeal by leave in a criminal case, if the protection against double jeopardy under section 15 of article I of the state constitution of 1963 and amendment V of the constitution of the United States would not bar further proceedings against the defendant, from any of the following: (a) A judgment or order of the circuit court or recorder's court that is not a final judgment appealable of right. (b) A final judgment entered by the circuit court or the recorder's court on appeal from any other court. (c) Any other judgment or order appealable by law or rule. (d) A judgment or order when an appeal of right could have been taken but was not timely filed. (e) A final order or judgment based upon a defendant's plea of guilty or nolo contendere. (3) The right of the defendant to bail upon appeal under this section shall be governed by section 9a of this chapter and section 7 of chapter V.
Mich. Comp. Laws § 770.12
Appeal by people; right of defendant to bail upon appeal; provisions governing section
Applied in 75 court decisions — leading case People v. Goecke (1998)
Most recently applied in 311 Mich. App. 465 - PEOPLE v. McKERCHIE (July 2015)
1927, Act 175, Eff
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Michigan Legislature. Reproduced from public-domain Michigan statutes; confirm against the official source for the current text. Not legal advice.