Criminal Defense Appeals Division

The Criminal Defense Appeals Division of TLT Law provides the best representation available in Michigan to people seeking to appeal their criminal convictions and sentences. Headed by Chief of Legal Staff/Chief Paralegal Patrick Kinney, who has dedicated his life to studying the law and assisting people appealing their convictions and sentences, the Criminal Defense Appeals Division, under Tameka L. Tucker, now stands ready to provide the best possible chance of success to you and your loved ones in prison.

Patrick in his former office at the Law Offices of David L. Moffitt & Associates, PLLC

Patrick in his current home office

Patrick at Robbin Island, Johannesburg, South Africa, the infamous prison where Nelson Mandela spent 18 of his 27 years, along with over 3,000 political prisoners during their fight to end Apartheid

"A winner is a dreamer who never gives up." -Nelson Mandela

Patrick Kinney

Chief of Legal Staff/Chief Paralegal

When Tameka L. Tucker started working with the legend and titan of criminal defense appeals, David L. Moffitt, in 2022, she also started working with David Moffitt's right-hand man and legend-in-his-own-right, Chief of Legal Staff and Chief Paralegal Patrick Kinney.

Patrick Kinney was once described by David L. Moffitt (in testimony given under oath), as possessing "a level of education and legal expertise fully equal to my own." Patrick began honing his legal skills in the trenches 27 years ago, fighting his own case for his own freedom. Over the course of decades, while earning a masters degree in business administration and becoming a celebrated author and published poet, Patrick also mastered the law -- and helped change it for the better.

His first key victory, in Kinney v Dep't of Corrections, 483 Mich 944 (2009), eventually led to Michigan's adoption of the "prisoner mailbox rule," which requires Michigan courts to consider a prisoner's court filings "filed" on the date handed to prison officials for mailing, rather than on the date received by the courts.

Patrick is also well known for having authored the 6500 Motion and final appellate briefs (under Attorney Mary A. Owens) that led to the courts throwing out Juan Walker's (Juan-X's) life-without-parole sentence in People v Juan Walker, 328 Mich App 429 (2019).

Patrick pioneered the argument (also under Attorney Mary A. Owens) that Michigan's Constitution prohibits juvenile offenders from being sentenced to parolable life in prison, which the Michigan Supreme Court later adopted as law. People v Stovall, 510 Mich 301 (2022); People v Kinney, 2021 Mich App LEXIS 5506 (Sep. 16, 2021); People v Kinney, 510 Mich 954 (2022).

And Patrick made even more law under David L. Moffitt and Tameka L. Tucker, most notably, authoring the briefs that were essential to the federal district court's granting of a new trial in Uphsaw v Stephenson, a decision upheld on appeal, where the United States Court of Appeals for the Sixth Circuit cribbed language from Patrick's district court briefs, making Patrick's words into binding legal precedent that now provides a basis for relief for many people who are wrongfully convicted: "Eyewitness testimony is notoriously unreliable." Upshaw v Stephenson, 97 F.4th 365, 374 (CA 6, 2024).

Besides his success in the law, Patrick has long had a reputation for honesty, truthfulness, and simply telling-it-like-it-is. Unlike many in the legal field, Patrick is well-known for his straightforwardness. He will tell you if you have no issues or if the issues you have are weak or unwinnable. He will never sell you a dream. On the other hand, he will do everything he can to discover and develop winnable legal issues in your case, and he will always fight tenaciously and tirelessly to achieve success on those issues in the courts.

Among his many other achievements, Patrick was named Best Paralegal of 2022 for “[h]is exemplary brief writing, his impeccable knowledge of the law, . . . his overall confident demeanor . . . and the legal brilliance he brings to the table . . ."

Patrick now puts that legal brilliance to work for the clients of TLT Law, PLLC, where he labors tirelessly, alongside Tameka L. Tucker, to bring justice to the wrongly convicted and unfairly sentenced. Patrick understands better than anyone what it means to fight for your life and freedom, and he continues to put up his best fight for the clients of TLT Law.

General Services of the Criminal Defense Appeals Division

The Criminal Defense Appeals Division of TLT Law, PLLC, offers three basic categories of services: Overview Case Evaluation, In-Depth Case Evaluation, and Representation.

In-Depth Case Evaluation

Even those who know what is next in appellate process (such as a 6500 motion) usually do not know all the legal issues that should be raised or how to effectively argue them.

For a fee of $4,500, we will conduct a comprehensive examination of the entire case and write a detailed report that explains exactly what issues may be raised, including their strengths and weaknesses, and how they would be best argued.

We will examine every document that we are able to obtain, including every document available online, every document you send us, and every document we are able to obtain from the prior attorneys in the case, including all transcripts, police reports, witness statements, etc. We will examine these documents with a fine-toothed comb, searching for legal errors that could overturn the convictions and sentences. We will also consult with you and your loved ones and find out what you know about the case that might not appear in the record. We will conduct thorough legal research to determine the strengths and weaknesses of the issues in the case and their chances of success on appeal, and we will write a full, comprehensive, and detailed report regarding the case that will include all of this information together with an in-depth factual and legal analysis of the issues in the case, the current procedural posture of the case, and all options for moving forward in the case. We will also answer any questions you and your loved ones may have about the case after everyone has had a chance to review our report.

If you subsequently retain us to prepare and file the 6500 motion or other proceeding we recommend in our case evaluation, we will give you a credit of $4,500 (the fee you paid for the in-depth case evaluation) toward our quoted fee for the 6500 motion or other recommended proceeding.

These are the same in-depth case evaluations that our Chief of Legal Staff/Chief Paralegal Patrick Kinney produced at the Law Offices of David L. Moffitt & Associates, PLLC, for many years, under both David L. Moffitt and Tameka L. Tucker, and they have become winning arguments in the courts.

Overview Case Evaluation

Clients often come to us after having filed many appeals and serving many years in prison, and they are not always sure where their cases stand or what they should do next.

For a fee of $500, we will provide a clear answer to that question. We will obtain basic documents about the case available online, such as docket sheets and court opinions that provide an overview of the case, including the conviction and sentence, the appeals that have already been litigated, and the appeals that may still be available to challenge the convictions and sentences (such as a 6500 motion or federal habeas corpus petition). Once we have reviewed these documents and consulted with you and your loved ones over the phone or via letter or email about your case, we will then advise you as to the best options for proceeding, such as filing a 6500 motion or federal habeas corpus petition.

If you subsequently retain us to prepare and file the 6500 motion or other proceeding we recommend, we will give you a credit of $500 (the fee you paid for the overview case evaluation) toward our fee for the 6500 motion or other proceeding proceeding.

Representation

For a fee usually ranging from $5,000 to $20,000 depending on the case, we will prepare, file, and litigate a 6500 motion, application for leave to appeal, federal habeas corpus petition, or other proceeding in the courts.

If you first hired us to conduct either an Overview Case Evaluation or an In-Depth Case Evaluation, we will give you a full credit toward that fee for the full amount you paid for your case evaluation. For example, if we quote you a fee of $15,000 for a 6500 motion (which is our typical 6500 motion fee) and if you already paid $4,500 for an In-Depth Case Evaluation, then you would only have to pay an additional $10,500 for the 6500 motion.

We also offer payment plans, usually consisting of a down payment of half our net fee ($5,250 in the above example) and $500 per month until the total fee is paid in full.

Services for Youth
Sentenced to Life and Long Terms

Starting in 2012, the US Supreme Court and the Michigan Supreme Court have issued a series of landmark rulings that prohibit younger people from being sentenced to (1) mandatory life in prison without parole, (2) life "with" parole in Michigan, and (3) very long terms of years (such as 50 to 75 years) in Michigan.

These rulings are based on the Eighth Amendment's prohibition on "cruel and unusual punishments," Michigan's Constitution's more protective prohibition on "cruel or unusual punishment," and modern brain science showing that young people are not as capable as adults of controlling their risky behavior and are much more likely to be reformed.

As a result of these rulings, three categories of youth are now entitled to resentencing in Michigan: (1) People sentenced to mandatory life without parole for offenses committed when they were under the age of 21, (2) people sentenced to "parolable" life for offenses committed when they were under 18, and (3) people who were sentenced to very long terms of years (e.g., 50 to 75 years) for offenses committed when they were under 18.

In addition, based on these rulings, a very strong argument can be made that resentencing should be granted for everyone sentenced to "parolable" life and very long terms of years who were under age 21 when their offenses were committed.

TLT Law, PLLC, is ready to represent these youthful offenders to help them obtain resentencing and to ensure that they receive the shortest sentences possible consistent with their roles in the offenses and their individual backgrounds and post-sentencing indications of rehabilitation and reform.

For more details, as well as pricing for these specialized services, click here.

Our Guarantee

In the world of criminal defense appeals, no one can guarantee success, because the ultimate decision is up to judges, not the lawyers and paralegals who write the briefs and represent the clients.

But if you hire us, we 100% guarantee that we will provide you with the best possible chance at success by making the most persuasive arguments to the judges.