How to Appeal a Criminal Conviction in Michigan

What Is a Criminal Appeal?

A criminal appeal is not a second trial. It is a formal legal process in which a higher court reviews the record from your trial to determine whether legal errors occurred that affected the outcome. If you were convicted of a crime in Michigan, you have the right to appeal—but that right comes with strict deadlines.

Grounds for a Michigan Criminal Appeal

Not every outcome you disagree with qualifies as grounds for appeal. Michigan courts require that a legal error occurred and that the error was not harmless. Common grounds include:

Insufficient evidence: to support the verdict

Ineffective assistance of counsel: — your trial attorney's performance fell below a constitutional standard

Prosecutorial misconduct: — including Brady violations where the prosecution withheld evidence

Improper jury instructions: that misled the jury on the law

Illegal search and seizure: where evidence should have been suppressed

Sentencing errors: that resulted in a longer sentence than the law allows

Michigan Appeals Timeline and Deadlines

In Michigan, the deadline to file a claim of appeal (for an appeal of right) is 42 days from the date of sentencing. Missing this deadline does not necessarily end your options, but it forces you into a delayed appeal, which requires showing good cause and actual prejudice.

For misdemeanor convictions in district court, you have 21 days to appeal to the circuit court.

Important: The clock starts at sentencing, not when you learn about a legal error. Do not wait.

The Michigan Court of Appeals

Most felony appeals begin in the Michigan Court of Appeals. Your attorney files an appellant's brief setting out every legal error that entitles you to relief. The prosecution then files a response. Oral argument may or may not be granted.

The Court of Appeals issues a written opinion. If it rules against you, you may seek leave to appeal to the Michigan Supreme Court.

What Happens If You Win?

Winning an appeal does not automatically mean you go free. Possible outcomes include:

Reversal and remand for new trial: — the prosecution may retry you

Reversal and remand for resentencing: — the conviction stands but the sentence is reconsidered

Outright reversal: — if the evidence was legally insufficient, double jeopardy prevents retrial

Remand for a Ginther hearing: — to develop the record on ineffective assistance claims

Post-Conviction Relief Beyond Direct Appeal

If your direct appeal has concluded, you still have options. Michigan Court Rule 6.500 allows post-conviction motions raising new issues not previously decided—such as newly discovered evidence, a change in the law, or newly discovered Brady material.

Talk to an Appellate Specialist

Appellate practice is a specialized field. The attorney who represented you at trial may not be the right person to evaluate your appeal. An appellate lawyer reviews the entire trial record with fresh eyes, identifies legal issues a trial attorney may have missed, and crafts a written brief designed to persuade an appellate panel.

At Libre Litigation Inc., we focus exclusively on post-conviction and appellate work in Michigan. Contact us to schedule a consultation.

Disclaimer: This article is for general informational and educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Every case is different. Consult a qualified attorney about your specific situation.