Appealing in Michigan Supreme Court

As experienced Michigan criminal appeals attorneys, we understand that there are situations in which a defendant may wish to appeal the ruling made by the Michigan Court of Appeals to the Michigan Supreme Court for further review. At Grabel & Associates our experience in these complex cases allow us to provide effective legal representation for clients who wish to proceed further to what is essentially a "last resort," as the Michigan Supreme Court is as far as an individual can go with legal proceedings at the state level.

Essentially, the Supreme Court has broad power and control over all Michigan state courts, and oversees the operations of these courts.

What is the First Step in Applying for Leave to Appeal With the Michigan Supreme Court?

Before any determination can be made regarding whether your appeal will be heard, you must file an application in the Supreme Court Clerk's Office. This application is then forwarded for an initial screening, which will be conducted by a commissioner for various purposes including identifying related cases, whether you have previously appealed in the same case, etc. Once reviewed, your case will be assigned to a commissioner for the purpose of creating a report, which is essentially an analysis of the legal issues involved in the case and recommendation of action that should be taken by the Michigan Supreme Court. Other commissioners may also review this report so that their input may be considered before the final report is forwarded to justices of the court for their consideration.

Once received by the justices, the report is reviewed either on an OTE (order to enter) basis, or are automatically sent to conference. Conferences are typically held each Wednesday. In cases where commissioners recommend that a leave to appeal is granted, the case will usually be sent to conference automatically. Justices determine what action should be taken on a particular application in conference, where much discussion of your case may take place among all those present. The majority of applications for leave to appeal the Michigan Court of Appeal's ruling are denied.

What Types of Appeals are Heard by the Michigan Supreme Court?

Generally speaking, the state's Supreme Court may hear cases when doubt exists regarding how the law was applied at trial, or how it should have been applied.

While there are usually over 2,000 new cases filed with the Michigan Supreme Court each year, only a small percentage of these appeals are heard. Other than appeals to review decisions made by the state Court of Appeals, the court may hear cases in which attorney or judicial misconduct is alleged, or those in which the Michigan Supreme Court has original jurisdiction.

Time Limit for Filing an Application to Appeal with the Michigan Supreme Court

If you intend to file an appeal of the Michigan Court of Appeal's ruling, you have only 56 days after the decision has been entered. Applications must be 50 pages or shorter; applying prior to a decision having been made by the Appeals Court is discouraged, and only granted in emergency-type situations or those of extreme public importance.

Contact an Experienced Michigan Criminal Appeals Attorney

The Michigan criminal defense lawyers at Grabel & Associates have been successful in client appellate matters for more than 10 years. Whether you have been convicted of a criminal offense at the state or federal level, our team has the skill, experience, and dedicated approach necessary to reach a positive outcome. Appealing the decision of the Michigan Court of Appeals to the Michigan Supreme Court requires the expertise of an attorney who thoroughly understands how to argue effectively on the client's behalf.

We are available 24/7, so take action now. Call our toll free number at 1-800-342-7896 or contact us online for a free initial consultation regarding your case.

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