In all cases, consult an attorney about appellate procedure, collateral challenges, and filing deadlines.
— Michigan Criminal Defense Appeals and Collateral Challenges for Felony Convictions
A defendant convicted of a felony in Michigan, after trial in a circuit court, may file an appeal of right with the Michigan Court of Appeals. In an appeal of right the Court of Appeals must hear the case.
If the Court of Appeals affirms the conviction, then a defendant may file an application for leave to appeal to the Michigan Supreme Court.
If the Michigan Supreme Court refuses to hear a defendant’s case, then there are three potential options left: (1) a motion for relief from judgment (MCR 6.500, et seq); (2) a federal petition for a writ of habeas corpus (28 U.S.C. § 2254); and, (3) a writ of certiorari to the U.S. Supreme Court.
A motion for relief from judgment typically asks the judge who presided at trial to grant a new trial, or dismiss the case, based upon issues that were not raised on the appeal to the Michigan Court of Appeals. The motion may also be based upon newly discovered evidence or a retroactive change in the law.
A federal petition for a writ of habeas corpus is filed in a U.S. District Court. A defendant may only file a federal habeas corpus petition to raise issues that involve a violation of the U.S. Constitution and that were raised and decided in the Michigan Court of Appeals and Michigan Supreme Court.
Finally, a defendant may appeal to the U.S. Supreme Court by filing a petition for a writ of certiorari.
The decision about whether and when to file a motion for relief from judgment, a petition for a writ of habeas corpus in a federal district court, or a petition for a writ of certiorari to the U.S. Supreme Court is complex and depends on the unique legal issues and factual circumstances of each case. Consult an attorney about your options.
Filing deadlines are imposed for all appeals and collateral challenges to a conviction. Missing a filing deadline may result in the loss of that appeal or any other subsequent appeal or collateral challenge.
Consult an attorney.
— Michigan Appellate Process After Conviction by Guilty or No Contest Plea
If a defendant pleads guilty or no contest to a felony charge, the only way to appeal is by application for leave to appeal to the Michigan Court of Appeals.
— Appeals and Collateral Challenges in Federal Court
A defendant convicted of a criminal offense after trial in a federal U.S. District Court in Michigan may file an appeal of right to the U.S. Sixth Circuit Court of Appeals. In an appeal of right the Court of Appeals must hear the case.
If the Court of Appeals affirms the conviction, then a defendant may file a petition for a writ of certiorari to the U.S. Supreme Court.
If the U.S. Supreme Court denies the petition for a writ of certiorari, then a defendant may file a motion to vacate or set aside the sentence before the U.S. District Court Judge who presided over the case. (28 U.S.C. § 2255).
— Interlocutory Appeals
In Michigan felony criminal proceedings, the trial judge in the circuit court may make pretrial legal rulings that negatively affect a defendant's case. In those circumstances, a defendant may file an interlocutory application for leave to appeal with the Michigan Court of Appeals to challenge the trial court’s decisions before going to trial.
In U.S. federal criminal proceedings, interlocutory appeals are limited to three issues in a criminal case: the district court’s decision on bail or bond (pretrial detention); Double Jeopardy issues; and violations of the Speech and Debate Clause.
