Michigan Compiled Laws

Mich. Comp. Laws § 770.12 (2026)

Appeal by people; right of defendant to bail upon appeal; provisions governing section.

✓ current as of July 2026

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THE CODE OF CRIMINAL PROCEDURE

Act 175 of 1927

770.12 Appeal by people; right of defendant to bail upon appeal; provisions governing section.

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.

(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.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17366 ;-- Am. 1941, Act 132, Eff. Jan. 10, 1942 ;-- CL 1948, 770.12 ;-- Am. 1977, Act 34, Eff. Mar. 30, 1978 ;-- Am. 1988, Act 66, Eff. Mar. 30, 1988 ;-- Am. 1994, Act 374, Imd. Eff. Dec. 27, 1994

Compiler's Notes:

For provisions of chapter 5, referred to in this section, see MCL 765.7.

FormerLaw Notes:

See section 1 of Act 159 of 1917.

Notes of Decisions

Cited in 88 cases (1 in the last 5 years), 1968–2023 · leading case: People v. Richmond, 782 N.W.2d 187 (Mich. 2010).

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People v. Richmond, 782 N.W.2d 187 (Mich. 2010). · cites it 12× “Although that discovery did not provide a substantial basis for concluding that there was probable cause to search for evidence of cultivation, the valid part of the warrant formed the greater portion of the warrant, so that the portion of the warrant pertaining to cultivation…”

People v. Torres, 549 N.W.2d 540 (Mich. 1996). · cites it 26× “§ 770.12; M.S.A. § 28.1109. M.C.L. § 770.”

People v. Goecke, 579 N.W.2d 868 (Mich. 1998). · cites it 12× “§ 770.12; M.S.A. § 28.1109. [11] The magistrate's decision to bind the defendant over on less than all the charges was not a final order [12] and the prosecution was not authorized to take an appeal of right.”

People v. Reed, 499 N.W.2d 441 (Mich. Ct. App. 1993). · cites it 10× “[2] In his answer, defendant asserted that this Court lacked jurisdiction to grant leave to appeal because the underlying offenses were committed on September 24, 1982, and the amended statute, MCL 770.”

People v. Blachura, 212 N.W.2d 182 (Mich. 1973). · cites it 22× “MCLA 770.12, MSA 28.1109 provides in part: "A writ of error may be taken by and on behalf of the people of the state of Michigan from any court of record in said state direct to the supreme court thereof, in all criminal cases in the following instances, to wit: "(a) From a…”

In RE PEOPLE v. Burton, 413 N.W.2d 413 (Mich. 1987). · cites it 10× “[3] In People v Cooke, *141 419 Mich 420 ; 355 NW2d 88 (1984), the Court held that the people do not have a right of appeal outside the express provisions of the Code of Criminal Procedure, MCL 770.12; MSA 28.1109. The statute does not provide for an appeal by the people of a…”

People v. Pummer, 249 N.W.2d 78 (Mich. 1976). · cites it 14× “The Court of Appeals relied upon People v Martin, 59 Mich App 471 ; 229 NW2d 809 (1975), resurrecting MCLA 770.12; MSA 28.1109, and found "[n]o provision is included in the statute authorizing appeals by the people from an order granting a new trial".”

State v. Medrano, 67 S.W.3d 892 (Tex. Crim. App. 2002). · cites it 2× “278, 28E (state may appeal motion to suppress evidence); Mich. Comp. Laws 770.12 (state may appeal order appealable by law or rule, including decision concerning admission of evidence); Minn.”

People v. Cooke, 317 N.W.2d 594 (Mich. Ct. App. 1982). · cites it 12× “y considerations preclude appellate review of the trial court’s post-guilty-verdict grant of a directed verdict of acquittal, and (2) was sufficient evidence presented to allow submission of the charge of arson to the jury? However, before either of those issues can be…”

People v. Cooke, 355 N.W.2d 88 (Mich. 1984). · cites it 20× “(dissenting in both cases). The prosecution argues that the jurisdiction of the Court of Appeals to hear prosecutorial appeals is governed by Const 1963, art 6, § 10; MCL 600.”

People v. Harlan, 669 N.W.2d 872 (Mich. Ct. App. 2003). · cites it 4× “In MCL 770.12, the Legislature has provided that the prosecutor has the same right to appeal of right and by leave as a defendant enjoys, so long as the right would not violate defendant’s constitutional protections against double jeopardy.”

People v. Reynolds, 448 N.W.2d 774 (Mich. Ct. App. 1989). · cites it 6× “i The threshold issue in this case is whether MCL 770.12; MSA 28.1109, as amended by 1988 PA 66 , grants the prosecution the authority to appeal a sentence as of right.”

Show all 88 citing cases →

— Mich. Comp. Laws § 770.12(1) — 12 cases

People v. Richmond, 782 N.W.2d 187 (Mich. 2010). “Although that discovery did not provide a substantial basis for concluding that there was probable cause to search for evidence of cultivation, the valid part of the warrant formed the greater portion of the warrant, so that the portion of the warrant pertaining to cultivation…”

People v. Torres, 549 N.W.2d 540 (Mich. 1996). “§ 770.12; M.S.A. § 28.1109. M.C.L. § 770.”

People v. Krause, 460 N.W.2d 900 (Mich. Ct. App. 1990).

People v. Wilcox, 456 N.W.2d 421 (Mich. Ct. App. 1990).

People v. Wilkins, 329 N.W.2d 500 (Mich. Ct. App. 1982).

— Mich. Comp. Laws § 770.12(1)(a) — 6 cases

In RE PEOPLE v. Burton, 413 N.W.2d 413 (Mich. 1987). “[3] In People v Cooke, *141 419 Mich 420 ; 355 NW2d 88 (1984), the Court held that the people do not have a right of appeal outside the express provisions of the Code of Criminal Procedure, MCL 770.12; MSA 28.1109. The statute does not provide for an appeal by the people of a…”

People v. Reynolds, 448 N.W.2d 774 (Mich. Ct. App. 1989). “i The threshold issue in this case is whether MCL 770.12; MSA 28.1109, as amended by 1988 PA 66 , grants the prosecution the authority to appeal a sentence as of right.”

In Re 50th Dist Judge, 483 N.W.2d 676 (Mich. Ct. App. 1992).

People v. Cooke, 355 N.W.2d 88 (Mich. 1984). “(dissenting in both cases). The prosecution argues that the jurisdiction of the Court of Appeals to hear prosecutorial appeals is governed by Const 1963, art 6, § 10; MCL 600.”

People v. Wurm, 404 N.W.2d 235 (Mich. Ct. App. 1987).

— Mich. Comp. Laws § 770.12(1)(b) — 3 cases

People v. Goecke, 579 N.W.2d 868 (Mich. 1998). “§ 770.12; M.S.A. § 28.1109. [11] The magistrate's decision to bind the defendant over on less than all the charges was not a final order [12] and the prosecution was not authorized to take an appeal of right.”

People v. Gagnon, 341 N.W.2d 867 (Mich. Ct. App. 1983).

People of Michigan v. Ruben Sandoval (Mich. Ct. App. 2015).

— Mich. Comp. Laws § 770.12(1)(c) — 2 cases

People v. Dunbar, 625 N.W.2d 1 (Mich. 2001).

People v. Wendt, 309 N.W.2d 230 (Mich. Ct. App. 1981).

— Mich. Comp. Laws § 770.12(2) — 4 cases

People v. Harlan, 669 N.W.2d 872 (Mich. Ct. App. 2003). “In MCL 770.12, the Legislature has provided that the prosecutor has the same right to appeal of right and by leave as a defendant enjoys, so long as the right would not violate defendant’s constitutional protections against double jeopardy.”

People v. Sessions, 712 N.W.2d 718 (Mich. 2006).

People of Michigan v. Joseph Edward-Jared Rothwell (Mich. Ct. App. 2017).

— Mich. Comp. Laws § 770.12(2)(c) — 1 case

— Mich. Comp. Laws § 770.12(2)(e) — 2 cases

People v. Perry, 549 N.W.2d 42 (Mich. Ct. App. 1996).

— Mich. Comp. Laws § 770.12(3) — 1 case

Love v. Ficano, 19 F. Supp. 2d 754 (E.D. Mich. 1998).

— Mich. Comp. Laws § 770.12(b) — 1 case

People v. Moffit, 342 N.W.2d 100 (Mich. Ct. App. 1983).

— Mich. Comp. Laws § 770.12(c) — 2 cases

People v. Robertson, 242 N.W.2d 24 (Mich. Ct. App. 1976).

People v. McKinnon, 362 N.W.2d 809 (Mich. Ct. App. 1984).

— Mich. Comp. Laws § 770.12(l)(a) — 3 cases

People v. Perkins, 193 Mich. App. 209 (Mich. Ct. App. 1992).

— Mich. Comp. Laws § 770.12(l)(b) — 1 case

People v. Gagnon, 341 N.W.2d 867 (Mich. Ct. App. 1983).

— Mich. Comp. Laws § 770.12(l)(c) — 3 cases

People v. Walls, 324 N.W.2d 136 (Mich. Ct. App. 1982).

People v. Wolfe, 401 N.W.2d 283 (Mich. Ct. App. 1986).

People v. Leonard, 375 N.W.2d 745 (Mich. Ct. App. 1985).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.