Criminal Appeals Issues Unique to Michigan

Michigan's criminal appellate system requires careful navigation by experienced counsel. The Michigan Court of Appeals serves as the state's intermediate appellate court, hearing most criminal appeals as a matter of right through rotating three-judge panels across four districts. Understanding the procedural requirements unique to Michigan appellate practice is essential for anyone pursuing relief from a criminal conviction.

One of the most critical aspects of Michigan criminal appeals is the strict 42-day deadline for filing a claim of appeal after sentencing. Unlike many states that allow longer filing windows, Michigan Court Rules require defendants to act swiftly to preserve their appellate rights. Missing this deadline can forfeit the right to a direct appeal entirely, making immediate consultation with an appellate attorney essential following any unfavorable verdict. When the deadline has passed, defendants may pursue a delayed application for leave to appeal, though this requires demonstrating good cause and a meritorious basis, with considerably lower success rates.

Michigan Court Rule 6.500 et seq. governs motions for relief from judgment, the state's primary vehicle for post-conviction relief after direct appeals conclude. These motions can raise claims of ineffective assistance of counsel, newly discovered evidence, actual innocence, or constitutional violations not raised on direct appeal. The procedural requirements are stringent, including cause-and-prejudice standards that must be satisfied before courts will consider most claims.

The Michigan Supreme Court accepts discretionary review through applications for leave to appeal, typically focusing on questions of significant public importance or conflicts in lower court rulings. Standard 4 briefs offer a unique opportunity, allowing defendants to file pro se supplemental briefs raising issues their appointed counsel did not address. The State Appellate Defender Office (SADO) provides representation to indigent defendants, though their substantial caseloads can limit attention to individual cases. After exhausting state remedies, federal habeas corpus relief under 28 U.S.C. 2254 remains available, subject to a one-year statute of limitations.

How To Choose a Michigan Criminal Appeals Lawyer

Selecting an appellate attorney requires evaluating different qualifications than those relevant for trial counsel. Appellate work demands specialized skills in legal research, persuasive brief writing, and oral argument before multi-judge panels. The attorney who handled the trial may not be the best choice for the appeal, as appellate success often depends on identifying errors during trial proceedings.

When evaluating potential counsel, focus on experience with Michigan criminal appeals specifically. Ask how many criminal appeals they have handled in the Michigan Court of Appeals and Michigan Supreme Court, and whether they have experience with your type of case. Experience with MCR 6.500 motions is particularly important if post-conviction issues like ineffective assistance of counsel are central.

Communication practices deserve attention since criminal appeals often take 15 months to over two years to resolve. Assess whether the attorney explains legal concepts clearly and demonstrates genuine engagement with your case circumstances.

Consider these questions when meeting with potential attorneys:

Be wary of attorneys who guarantee outcomes. Michigan Court of Appeals statistics show that only a small percentage of criminal convictions are reversed, and any attorney promising certain success is not being candid.

Understanding Prices for Michigan Criminal Appeals

Criminal appeals require substantial attorney time for record review, issue identification, legal research, brief drafting, and potentially oral argument. Most Michigan criminal appellate attorneys structure fees as either flat-rate arrangements or hourly billing. Flat fees provide cost certainty, covering the entire appeal for a predetermined amount, and work well when the trial record is manageable. Hourly billing may be more appropriate for complex cases with extensive records or novel legal questions.

Several factors influence cost. Record length is often the primary driver, as attorneys must review complete transcripts and all documentary exhibits. A brief trial costs considerably less to appeal than weeks of testimony. The number and complexity of issues matters as well, since each argument requires separate research and briefing. Procedural posture also affects pricing; direct appeals generally cost less than delayed applications for leave, and MCR 6.500 motions can be particularly demanding.

Before retaining counsel, request a detailed fee agreement specifying what services are included. Clarify payment schedules and understand how transcript costs and filing fees are handled, as these fall outside attorney fees but are necessary expenses.

About SPCRC Recommendations

The Spolin Post-Conviction Resource Center develops attorney recommendations through careful evaluation rather than paid placement. No attorney can purchase inclusion, and we receive no referral fees or compensation from attorneys we recommend. This independence allows us to focus solely on identifying attorneys who genuinely serve people pursuing criminal appeals.

Our evaluation examines experience handling criminal appeals in Michigan courts, familiarity with the Michigan Court of Appeals, Michigan Supreme Court, and MCR 6.500 procedures. We consider standing with the State Bar of Michigan, reputation within the legal community, and where possible, review sample briefs to assess written advocacy quality.

Our recommendations should serve as a starting point rather than a substitute for your judgment. Every case presents unique circumstances, and the right attorney depends on specific issues and the working relationship between attorney and client. We encourage consulting multiple attorneys before deciding.