I was starting to wonder about this. It felt like he was going to finish serving his sentence before Legal Godzilla got around to filing an appeal.

Reed said Friday he will ask the Michigan Court of Appeals within 10 days to allow him to challenge Kilpatrick’s probation violation and imprisonment by Wayne County Circuit Judge David Groner.

Timothy Baughman, head of the Wayne County prosecutor’s appellate division, said the clock has been ticking since the May 25 sentencing, with no filings, and “one begins to think that Mr. Kilpatrick has other things on his mind.”

Reed said the time has been spent working out appellate strategy in light of Kilpatrick’s June indictment on federal tax charges.

Reed said part of the strategizing is convincing the appellate court to even consider the matter because Kilpatrick’s probation was part of a plea deal with the Wayne County Prosecutor’s Office. Under Michigan law, convictions are automatically appealable, but challenges from guilty pleas are heard only with the appellate court’s approval.
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