In both civil and criminal cases, the court may make an unfavorable judgment against the accused, and an appeal may be your last chance for a positive outcome. It is critical to examine the testimony, evidence, procedures, or interpretation of the law to find grounds to successfully appeal the court’s ruling.
There are three different levels of appellate courts in Michigan. The Circuit Court has jurisdiction to hear trial-level appeals while the Court of Appeals has jurisdiction if a final judgment or order from the Circuit Court is appealed. The Supreme Court may review by appeal a case pending in or decided on by the Court of Appeals.
Before fully accepting the decision made by a judge or jury, you may benefit from speaking with a Grand Rapids appeals lawyer. Working with a seasoned criminal defense attorney who understands the standards of review and procedural complexities of an appeal can place you in the best position for a positive outcome.
Establishing Grounds for Appeals in Grand RapidsThere must be a basis for an appeal in Grand Rapids, in both criminal and civil cases. A Grand Rapids appeal lawyer can help determine if a case is eligible for appeal, whether it was determined that evidence was improperly allowed or excluded, a procedural error occurred, or the law or case law precedent was misapplied. A diligent attorney could review a person’s case to identify any reasons a defendant could use to file an appeal.
With the basis for filing, certain standards must be met when filing an appeal. To file an appeal with the Circuit Court, the appellant must state their allegations of error and the relief sought. To file an appeal with the Court of Appeals, the appellant must set forth the issues presented by the appeal—which could include how they arose—and cannot state a general claim that the judgment of the trial court is not supported by the facts or the law is not acceptable.
An appeal to the Supreme Court must show proper grounds—as an example, the issue may involve a substantial question about the validity of a legislative act, may significant public interest, or might involve a legal principle of significance. If appealing a decision from the Court of Appeals, the appellant must claim that the decision is erroneous or conflicts with a precedent set by a Supreme Court decision in another case.
Timelines for Grand Rapids AppealsIn Grand Rapids, a potential appellant must promptly appeal a lower court’s decision, as the time limit for filing is different for each court level. An appeal at the Circuit Court must be filed within 21 days of the judgment or order, or within the time allowed by a specific statute. An appeal of right in the Court of Appeals for a civil action must also be taken within 21 days of the decision.
In a criminal appeal, an appellant could bring an appeal up to 42 days after the entry of the judgment or order against them. To appeal a Court of Appeals decision at the Supreme Court, applications must similarly be made within 42 days of when the appeal, application for leave to appeal, or original action was filed in the Court of Appeals.
After a Court of Appeals decision, applications must be filed within 42 days in civil cases, with the exception of termination of parental rights cases, or within 56 days in criminal cases. An appeals attorney in Grand Rapids can go over the specific circumstances and rules that apply to a particular case and direct an appellant’s actions accordingly.
Fight for a Fair Result with a Grand Rapids Appeals Attorney’s AssistanceWhen it comes to professional help with handling your appeal, you should look to retain a Grand Rapids appeals lawyer with extensive legal knowledge, strong writing ability with regard to legal briefs, and oral argument experience. A seasoned attorney could provide excellence in criminal defense and be equipped to challenge the court’s decision at any level. Call today to discuss your trial case, your potential appeal, and how an attorney could work with you.