Appeals

Appeals from the District Division of the Trial Court are heard in the Circuit Court. Appeals from a Circuit Court Division or the Probate Court Division of the Trial Court are heard in the Michigan Court of Appeals. Appeals from Court of Appeals decisions are heard in the Michigan Supreme Court.There are three kinds of appeals: (1) interlocutory, (2) of right, and (3) by leave.

* Interlocutory appeal: occurs when a party tries to appeal a judge’s decision before the case has come to trial or before a trial is finished. * Appeal of right: occurs after a final order has been entered by the trial court (either a sentencing order, or an order dismissing the charge). A recent amendment to the Michigan Constitution has eliminated most appeals of right when a defendant pleads guilty. Most appeals of right now focus on the sentence imposed.

* Appeal by leave of the court: occurs when an appeal of right is not available (e.g., because an available appeal of right was not filed on time). The appellate court has the discretion to reject the appeal or can “grant leave”.

If the appellate court grants leave to appeal, the defendant and Prosecutor file briefs that summarize the case facts, frame the legal issues to be decided, and present persuasive written arguments (supported by constitutional, statutory or prior case decision authority). Either party can request that the case be scheduled before the appellate court judges for oral argument. The appellate court will eventually issue a written opinion (or several opinions, if the justices disagree). Not all appellate opinions are “published” (i.e., printed in official “reporter” services, such as Michigan Reporter or Michigan Appellate Reporter). The legal analysis and conclusions in published opinions are given greater precedential authority than “unpublished” opinions.


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