Mark Linton - Michigan Criminal Appellate Attorney

05/15/2026

Many people believe Incognito Mode makes their online activity invisible. In reality, private browsing may hide history on your device, but it does not necessarily prevent digital records from being discovered in a criminal investigation.

In this new article, Michigan criminal appeals attorney Mark Linton explains how courts handle browser history, metadata, warrants, subpoenas, and other forms of digital evidence in Michigan criminal cases.

Read more:
https://www.michiganappealsattorney.com/post/can-incognito-mode-be-tracked

04/18/2026

In Michigan, conversations with AI systems can be used as evidence in court—and they don’t just disappear.

Here’s what you need to know about how AI evidence is handled in criminal cases and appeals.

AI chat evidence is increasingly appearing in Michigan courts. This article explains how it is admitted, challenged, and used in criminal appeals.

04/06/2026

If you're filing a motion for relief from judgment in Michigan, one issue can decide everything before the court even looks at your claim: good cause under MCR 6.508(D)(3).

In this article, I break down what Michigan courts actually require, what qualifies as a real external barrier, and why most arguments fail.

If you’re serious about post-conviction relief, this is something you need to understand.
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Good cause MCR 6.508(D)(3) is one of the most critical hurdles in Michigan post-conviction relief. Learn how courts define good cause, what qualifies as an external barrier, and how to prove it with real evidence.

03/21/2026

Most people assume that if an affidavit proves something important, the appellate court will consider it.

In Michigan appellate courts, that’s usually not true.

This article breaks down why affidavits are often ignored and what actually matters on appeal.

Affidavits often feel powerful—but in Michigan appellate courts, they are frequently ignored. Learn how the appellate record rule limits new evidence and what strategies actually work on appeal.

03/11/2026

Most people assume appeals are about proving witnesses were wrong.

They’re not.

Michigan appellate courts rarely re-evaluate credibility, even though credibility often determines the outcome of the case. Instead, judges rely on the trial record and defer heavily to the trial court.

Understanding that hidden rule can make or break an appeal.

Read more:

Michigan appellate courts rarely discuss credibility directly, yet credibility often shapes the outcome of appeals. Learn how the appellate record, standards of review, and trial court deference quietly determine many Michigan appellate decisions.

03/11/2026

Drug quantity findings can make or break a federal sentence. Our new article explains how the Sixth Circuit reviews those findings, the standards on appeal, and when unreliable evidence can lead to resentencing. Read more:

Drug quantity findings can dramatically affect sentences under the federal drug sentencing guidelines. This article explains how the Sixth Circuit reviews those findings on appeal, the standards courts apply, and why unreliable quantity evidence can lead to resentencing.

02/25/2026

Can newly discovered evidence reopen your Michigan case? The answer depends on strict legal standards. This article explains what matters.

Newly discovered evidence in a Michigan appeal must do more than add detail or reinforce prior testimony. Michigan courts ask whether the evidence is materially new or merely cumulative, and that distinction often determines whether a motion for a new trial survives. Appeals based on newly discovere...

02/07/2026

When someone files a motion for a new trial in Michigan, the court isn’t just asking whether evidence is “new.”
The real question is whether it’s cumulative or materially new, and that distinction often decides the case.

In this article, Michigan appeals attorney Mark Linton explains how courts draw that line, why cumulative evidence is frequently rejected, and what actually makes new evidence capable of changing an outcome.

Michigan courts strictly distinguish between cumulative evidence and materially new evidence when deciding motions for a new trial. This article explains how judges apply that distinction, why cumulative evidence is often rejected, and what makes new evidence capable of changing an outcome.

02/07/2026

Strong evidence isn’t always enough.

Michigan courts often deny motions for a new trial when newly discovered evidence is labeled cumulative. In this article, I explain what cumulative evidence really means, why judges rely on it, and how this rule quietly blocks many cases from moving forward.

If you’re considering a motion for a new trial, understanding this barrier matters.

Cumulative evidence is one of the most common reasons Michigan courts deny motions for a new trial. This article explains how the rule works, why judges rely on it, and what newly discovered evidence must show to overcome this barrier.

01/10/2026

Navigating an appeal can be daunting. Our latest blog post breaks down the Michigan Supreme Court appeal timeline and explains what to expect at each stage. Stay informed and gain clarity about the process. Read more here: https://wix.to/e33WK4F

01/10/2026

Evidentiary hearings in Michigan are rare, but with the right approach, you can make one happen! Discover how affidavits, credibility disputes, and MCR 6.508 can change your case. Read more here: https://wix.to/9qMNYj3

A Michigan evidentiary hearing is uncommon in post-conviction cases, but not impossible. Learn how affidavits, credibility disputes, and proper pleading under MCR 6.508 can move a case from paper review into the courtroom.