Rule 6.509 Appeal

(A) Availability of Appeal. Appeals from decisions under this subchapter are by application for leave to appeal to the Court of Appeals pursuant to MCR 7.205. The 6-month time limit provided by MCR 7.205(G)(3), runs from the decision under this subchapter. Nothing in this subchapter shall be construed as extending the time to appeal from the original judgment.

(B) Responsibility of Appointed Counsel. If the trial court has appointed counsel for the defendant during the proceeding, that appointment authorizes the attorney to represent the defendant in connection with an application for leave to appeal to the Court of Appeals.

(C) Responsibility of the Prosecutor. If the prosecutor has not filed a response to the defendant’s application for leave to appeal in the appellate court, the prosecutor must file an appellee’s brief if the appellate court grants the defendant’s application for leave to appeal. The prosecutor must file an appellee’s brief within 56 days after an order directing a response pursuant to subrule (D).

(D) Responsibility of the Appellate Court. If the appellate court grants the defendant’s application for leave to appeal and the prosecutor has not filed a response in the appellate court, the appellate court must direct the prosecutor to file an appellee’s brief, and give the prosecutor the opportunity to file an appellee’s brief pursuant to subrule (C), before granting further relief to the defendant.