Lang defense files notice of appeal

GRUNDY CENTER - Defense attorneys for Michael Lang have filed a notice for an appeal of sentencing on June 28, one day after Lang was sentenced to life in prison for the first degree murder of Sgt. Jim Smith. 

​At the end of the sentencing hearing on June 27, Judge Joel Dalrymple indicated to the defense that they would have 30 days to file an appeal of the sentencing.

​The quick filing marks the beginning of a time period where the appellant must then file a brief, or a written argument containing their side's view of the facts and the legal arguments, to which they will rely on to contest the sentencing outcome. 

The parties must also include the portions of the district court record that are referred to in their briefs in an appendix. The appendix is a mini record of the trial court proceedings containing parts of the transcript, trial court papers, and exhibits most relevant to the issues raised on appeal. 

Typically, the time required for the preparation of a case is approximately five to six months or longer. 

Once a case file is ready, a panel of three Supreme Court justices will decide whether or not to transfer the case to the court of appeals or to retain the case for disposition by the Supreme Court.  This decision is based upon the types of issues raised in the case.

Each court sets its own case submission schedule and decides whether to grant the parties an opportunity to address the court, a process known as oral argument. Many cases are submitted without oral argument.

After a case is submitted or after oral arguments, the justices or judges will discuss in private conference the legal issues presented in the case and prepare a draft of the court’s opinion. 

A party dissatisfied with a decision may file a petition for rehearing, asking the court which heard the case to reconsider its decision.