Expert Advice When You Need It Most

If the Michigan Court of Appeals refuses your appeal, where may you appeal next?

do ya know?

Save

Attorney answers (3)

Reputation Level 20
The Michigan Court of Appeals is the intermediate-level appellate court of the state. The Michigan Supreme Court is the highest court of the state.

Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
1 person marked this answer as good

Reputation Level 8
Very generally, the Michigan Supreme Court is the only state court of appellate jurisdiction higher than the Michigan Court of Appeals. However, where to go after the Court of Appeals depends on the nature of your case, the order/opinion of the Court of Appeals, and a number of other factors. Handling appellate work by yourself is very difficult, and it is easy to make mistakes.

You should also know that there is not an appeal by right to the Michigan Supreme Court in most cases. You must first apply for a writ of review in order that the Court may consider whether to hear your case. If they do not, then, generally, the Order/opinion of the Court of Appeals stands.

I do recommend contacting a lawyer for appellate work, especially when it comes to drafting appellate briefts or requests for review.

Reputation Level 9
If your case presents a federal question, and assuming the Michigan Supreme Court denies your application for leave to appeal, you can petition for a writ of certiorari to the Supreme Court of the United States. Again, you must present a federal question. But the likelihood of either the Michigan Supreme Court or the US Supreme Court taking your case is almost negligible.

You listed your comment under Criminal Defense. You potentially have habeas petitions to file, in particular one in the U.S. District Court. If you were sentenced in Macomb, you'd be petitioning the US District Court for the Eastern District of Michigan. You need to talk to a criminal defense attorney to discuss your options. A habeas petition is essentially arguing that the State of Michigan is holding you in violation of the US Constitution. I don't know what your trial was like, if there were constitutional errors, etc. (or whether they were preserved), but that is a possible avenue.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now