Challenging an Unfair Outcome:
Experienced Appellate Advocacy in Michigan
Receiving an adverse verdict or judgment from a trial court can be a devastating blow. Whether you were wrongfully convicted of a crime or lost a high-stakes civil dispute, it is easy to feel that the fight is over. However, an unfavorable outcome at the trial level is not always the final word. The Michigan appellate courts provide a crucial opportunity to correct legal errors that may have led to an unjust result.
Successfully navigating an appeal requires a distinct and specialized skill set. Appellate law is not a simple replay of the trial; it is a meticulous, academic, and highly technical review of the trial record for prejudicial legal errors. The Law Offices of Mitchell S. Bisson brings a fresh perspective and the focused expertise necessary to identify appealable issues and craft the compelling legal arguments needed to persuade a higher court to grant relief.
Appeal of Right vs. Application for Leave to Appeal: What's the Difference?
Understanding the type of appeal your case requires is fundamental.
Appeal of Right: As the name implies, this is an appeal that the higher court must hear and decide on the merits. In Michigan, a party generally has an appeal of right from a "final judgment or final order" of the Circuit Court, such as a conviction and sentence after a jury trial.
Application for Leave to Appeal: This is a request for permission to appeal. The appellate court has the discretion to either grant or deny the application. An application for leave is required for appeals from non-final orders (interlocutory appeals), appeals from convictions based on a guilty plea, or when the 21-day deadline for an appeal of right has passed.
Grounds for an Appeal in Michigan
An appeal cannot be based simply on dissatisfaction with the outcome. There must be a basis in a specific, prejudicial legal error committed by the trial court. Common grounds for appeal include:
Ineffective Assistance of Counsel: The trial attorney's performance was so deficient that it deprived you of a fair trial.
Procedural Errors: The judge made a critical mistake in applying court rules or legal procedures.
Improper Evidentiary Rulings: The court wrongly admitted prejudicial evidence against you or improperly excluded crucial evidence in your favor.
Incorrect Jury Instructions: The judge gave the jury flawed instructions about the law, leading to an improper verdict.
Insufficient Evidence: The prosecution failed to present enough evidence to prove guilt beyond a reasonable doubt.
Improper Sentencing: The sentence imposed was outside the range established by the Michigan Sentencing Guidelines or was otherwise unlawful.
Appealing to the Michigan Supreme Court
The Michigan Supreme Court is the state's highest court, but it does not hear every case. It receives nearly two thousand applications each year and grants review in only about a hundred. The Court focuses on cases that involve significant interpretations of the Michigan Constitution, important state statutes, or areas of law where lower courts need guidance. The process begins by filing an Application for Leave to Appeal within the 56-day deadline, and the wait for a decision on the application alone can take several months.
Understanding the Michigan Appellate Process: A Step-by-Step Guide
The appellate process is governed by a strict set of rules and unforgiving deadlines. A mistake can cost you your right to appeal. This is a complex journey, but understanding the key stages is the first step toward a second chance at justice.
Step 1: Filing the Appeal
The process begins by filing the correct initiating document with the proper appellate court. Generally, appeals from District Court decisions are heard by the local Circuit Court. Appeals from final orders of the Circuit Court and Probate Court are heard by the Michigan Court of Appeals. The final court of resort in the state is the Michigan Supreme Court.
Step 2: Meeting Critical Deadlines
The time limits for filing an appeal are jurisdictional, meaning if you miss the deadline, you lose your right to appeal forever.
Appeal of Right: The Claim of Appeal must be filed with the Court of Appeals within 21 days of the entry of the final judgment or order you are appealing from.
Application for Leave to Appeal: An application seeking permission to appeal a non-final (interlocutory) order must also be filed within 21 days. In criminal cases where the time for an appeal of right has passed, a defendant may have up to
6 months from the entry of judgment to file an application for leave.
Appeal to the Michigan Supreme Court: If the Court of Appeals rules against you, an Application for Leave to Appeal to the Michigan Supreme Court must be filed within 56 days of the Court of Appeals' decision.
Step 3: Preparing the Trial Record
An appeal is not a new trial. No new evidence is presented, and no witnesses testify. The appellate court's review is strictly limited to the official record of what happened in the lower court. This includes all pleadings, motions, exhibits, and, crucially, the transcripts of all hearings and the trial itself. A critical part of initiating an appeal is ordering the necessary transcripts from the court reporter.
Step 4: Briefing and Oral Argument
The core of any appeal is the written legal brief. This is a persuasive document that identifies the legal errors made by the trial court, applies relevant statutes and case law to the facts in the record, and argues why the lower court's decision should be reversed. The opposing party (the "appellee") files a response brief, and the appellant may file a final reply brief. In some cases, the court will schedule an oral argument where the attorneys appear before a panel of three appellate judges to argue their positions and answer the judges' questions
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Should I talk to the police if I'm arrested in Grand Rapids?No! You have a constitutional right to remain silent. Politely state that you are exercising this right and that you wish to speak with an attorney immediately. Anything you say can and will be used against you by the prosecution.
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What's the difference between OWI and OWVI in Michigan?OWI (Operating While Intoxicated) means driving with a BAC of 0.08% or higher, or that alcohol/drugs substantially affected your ability to drive. OWVI (Operating While Visibly Impaired) is a lesser charge, meaning your ability to drive was visibly impaired by alcohol or drugs, even if your BAC was below 0.08%.
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Can a domestic violence charge be dropped if the accuser recants?Not necessarily. In Michigan, the prosecutor's office, not the alleged victim, decides whether to press charges. The prosecutor can compel the accuser to testify and may proceed with the case if they believe there is enough other evidence to secure a conviction, even if the accuser wishes to drop it.
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How long does a criminal case take in Kent County?The timeline varies greatly. A simple misdemeanor might be resolved in a few months, while a complex felony case set for trial could take a year or longer. The duration depends on the complexity of the evidence, the court's schedule, and the number of legal motions filed by the defense and prosecution.
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Can the police search my car during a traffic stop?Police can only search your vehicle if they have a warrant, your consent, or probable cause to believe there is evidence of a crime inside.16 You have the right to refuse consent to a search. If police ask for permission, it often means they do not have probable cause to search without it.