Michigan Appeal Lawyers for the Court of Appeals, the Michigan Supreme Court, and the Sixth Circuit
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Michigan Appellate Representation Based on the Record
Appellate work begins with the judgment, the trial court record, and the issues raised during the proceedings. We examine the rulings being challenged, whether the arguments were preserved, and the standard the appellate court will apply.
Our work includes reviewing transcripts, researching controlling authority, selecting issues for briefing, and explaining the relief the reviewing court can provide.
We explain whether you can appeal as of right, need to apply for leave to appeal, or may have grounds for a separate post-conviction proceeding.
Michigan Courts Where We Handle Appeals and Related Proceedings
Brownstone Law’s Michigan-related practice includes work in:
- Michigan Court of Appeals: Civil and criminal appeals and applications for leave to appeal.
- Michigan Supreme Court: Applications for leave to appeal and further review when appropriate.
- Michigan circuit courts: Post-judgment proceedings, including motions for relief from judgment under MCR 6.500.
- U.S. District Court for the Eastern District of Michigan: Federal post-conviction and related proceedings.
- U.S. District Court for the Western District of Michigan: Michigan-related federal litigation and post-conviction matters where applicable.
- U.S. Court of Appeals for the Sixth Circuit: Federal civil and criminal appeals arising from Michigan.
Civil Appeal Attorneys in Michigan
Brownstone Law represents individuals and businesses in Michigan civil appeals. We review the judgment, trial court record, and applicable law to assess grounds for challenging a decision or defending it on appeal.
Our civil appellate work includes:
- Business, contract, and consumer disputes.
- Insurance coverage and recovery.
- Securities, investments, fraud, and financial-services disputes.
- Healthcare and medical-staff privileges.
- Property rights, eminent domain, and takings.
- Tax and intellectual property disputes.
- Other complex civil judgments and appealable orders.
Criminal Appeals in Michigan
A criminal appeal can challenge legal errors affecting a conviction, sentence, or both. Brownstone Law reviews the trial proceedings, judgment of sentence, and available appellate issues to determine the appropriate course.
Issues examined may include:
- Whether the evidence was legally sufficient to support a conviction.
- Admission or exclusion of evidence.
- Jury instructions and preserved objections.
- Sentencing errors.
- Constitutional claims supported by the record.
- Plea-related issues and the applicable limits on appellate review.
Some Michigan criminal cases proceed through an appeal of right. Others require an application for leave to appeal. We identify the correct procedure, examine the filing deadline, and explain which arguments can be raised.
When a claim requires additional factual development or falls outside direct appellate review, we assess whether an appropriate post-judgment or post-conviction procedure is available.
Post-Conviction Relief in Michigan
Michigan Motions for Relief from Judgment
Brownstone Law examines the trial record and appellate history to assess whether a motion for relief from judgment or another available procedure fits the case.
Federal Habeas Review After a State Conviction
A person in custody under a Michigan state judgment may be able to seek federal habeas relief under 28 U.S.C. § 2254 for qualifying federal-law violations. State remedies generally must first be exhausted. Filing deadlines, procedural default, and restrictions on federal review require careful examination.
Section 2255 Motions After a Federal Conviction
A motion under 28 U.S.C. § 2255 challenges a federal conviction or sentence in the sentencing court. For a federal conviction entered in Michigan, that generally means the relevant Eastern or Western District of Michigan court.
Section 2255 has a one-year limitations period with different possible starting points and strict restrictions on second or successive motions. It is a separate remedy from a Sixth Circuit direct appeal.
Michigan Federal Appeals
Federal civil and criminal appeals from the Eastern and Western Districts of Michigan generally proceed to the U.S. Court of Appeals for the Sixth Circuit. These proceedings follow federal appellate rules and the Sixth Circuit’s requirements.
Brownstone Law handles Michigan-related federal appeals involving:
- Criminal convictions and sentencing issues.
- Fraud, white-collar offenses, and drug-related prosecutions.
- Constitutional questions.
- Business and other civil disputes.
- Healthcare and professional-privileges litigation.
We review the district court record, identify issues for appellate briefing, and evaluate further proceedings when included in the engagement. Federal post-conviction remedies require a separate analysis from the direct appeal.
Documents Needed to Evaluate a Michigan Appeal
To help us assess the case and its deadlines, provide the available copies of:
- The civil judgment, judgment of sentence, or order you want reviewed.
- The register of actions or court docket.
- Any claim or notice of appeal already filed.
- Trial court and appellate opinions or orders.
- Transcripts, or confirmation that they have been ordered.
- Trial counsel’s name and contact information.
- Any relevant plea agreement or sentencing guidelines report.
- Any rehearing request and the order deciding it.
How the Michigan Appeal Process Works (How Brownstone Law Helps)
1. Review the Judgment or Order
We begin by reviewing the judgment or order being challenged, the case history, and the available appellate options. This helps determine whether the matter is appealable by right or whether an application for leave to appeal is required.
2. Confirm the Filing Deadline
We identify the applicable filing deadline based on the case type, order being challenged, and procedural history. Many civil appeals of right to the Michigan Court of Appeals have a 21-day filing period, while criminal appeals of right commonly involve a 42-day period under MCR 7.204, subject to the rule’s provisions concerning appointed counsel and post-judgment motions.
3. File the Appropriate Appeal Documents
After confirming the appellate route and deadline, we prepare and file the appropriate documents, which may include a claim of appeal or an application for leave to appeal. We also help ensure that the necessary record and transcripts are available for appellate review.
4. Prepare the Appellate Briefs
Our attorneys develop the appellate arguments based on the applicable law and the record. We identify the claimed errors, explain their legal significance, and present the requested relief. The appellee may respond, followed by a reply when appropriate.
5. Review the Court’s Decision
Once the Michigan Court of Appeals issues its decision, we review the ruling and explain how it affects the case. Depending on the decision, the court may leave the lower court’s ruling in place, modify or set aside all or part of it, or remand the case for further proceedings.
6. Assess Whether Rehearing Is Appropriate
If the decision contains an error or an overlooked issue that may warrant further review, we assess whether seeking rehearing is appropriate under the applicable Michigan appellate rules.
7. Evaluate Michigan Supreme Court Review
If further review may be available, we evaluate whether seeking review by the Michigan Supreme Court is appropriate. This generally involves an application for leave to appeal, and filing an application does not guarantee that the Supreme Court will accept the case.
8. Evaluate Remaining Remedies
In criminal matters, we may also evaluate whether other avenues of relief remain available after the state appellate process, including applicable post-conviction remedies or federal habeas review. The available options depend on the circumstances and procedural history of the individual case.
Michigan Locations We Serve
Why Choose Brownstone Law for a Michigan Appeal?
- Appeals-only practice. Our work focuses on appellate and post-conviction representation.
- Michigan admission. Robert L. Sirianni, Jr. has been a member of the State Bar of Michigan since 2013.
- State and federal experience. Our practice includes Michigan Court of Appeals matters, Michigan Supreme Court applications, Sixth Circuit appeals, and related post-conviction proceedings.
- Managing-partner involvement. The managing partner reviews the record and participates in evaluating the case.
- Agreed flat fees. Fees and the scope of representation are agreed in writing before the brief is prepared.
- Further-review capabilities. When appropriate, we can assess additional state or federal review, including a petition for a writ of certiorari.
- A candid evaluation. We explain the available issues, procedural obstacles, and potential relief before recommending a course of action.
Representative Michigan Appellate Matters
Plaintiffs operate a dairy farm in Eaton County. Defendant is a Minnesota corporation that manufactures and distributes animal feed and related products. Diversified Farms, LLC (Diversified) is a distributor of those products in Michigan. In July 2008, Diversified executed a Credit Application and Agreement (the Credit Agreement) with defendant that included a disclaimer of warranties and a remedy-limiting provision. “A motion for summary disposition under MCR 2.116(C)(10) tests the factual sufficiency of a claim, and is appropriately granted when, except as to the amount of damages, there is no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law.” Tomra of North America, Inc v Dep’t of Treasury.
We review de novo issues of statutory and contractual interpretation. Heritage Resources, Inc v Caterpillar Fin Servs Corp, 284 Mich App 617, 632; 774 NW2d 332 (2009). Plaintiffs were not parties to the Credit Agreement. Read more about this civil appeal in Michigan: Michigan Appeals.
June 4th, 2013, Case No. 12-2338
Appellants challenge the constitutionality of the Michigan Marijuana Act Read More about this Constitutional Appeal by clicking here. Jerry Duval Brief in Federal Court – Medical MarijuanaAugust 19th, 2013, Case No. 13-1682
This case arises out of the suspension of Dr. Raakesh Bhan’s medical staff privileges at two Michigan hospitals: Battle Creek Health System (“BCHS”), located in Calhoun County, and Borgess Medical Center (“Borgess”), located in Kalamazoo County. Read more about this Michigan appeal here: Bhan v. Battle Creek Health – United States Court of Appeals – Western District of Michigan
November 25th, 2013, Case No. 12-2559, Robert L. Sirianni, Esq.
Pursuant to Federal Rule of Appellate Procedure Rule 34(a), Appellant, Jonathan Agbebiyi, M.D. (“Dr. Agbebiyi”), respectfully requests oral argument because the Court’s consideration of the issues presented by this appeal may be assisted or advanced by the presence of counsel before the Court to comment upon the issues and respond to inquiries from the Court. Read more about this Michigan appeal here: USA v. Agbebiyi – United States Court of Appeals – Eastern District of Michigan
December 2, 2014, Case No. 1-0111348.
This is a civil appeal in Michigan. As the concurrence states: Moody was wrongly decided on both legal and practical grounds and should be overruled. Pursuant to MCR 7.215(J)(1), the Court must follow Moody despite a concurring judge’s disagreement with it. This would normally lead the Court to request a special conflict panel pursuant to MCR 7.215(J)(2). However, because the Supreme Court has granted leave to appeal in Moody, the Court believe such a request would be inappropriate.
Read more about this Michigan civil appeal here: Michigan Civil Appeal – Redmond v. State Farm Mutual Automobile
December 2, 2014, Case No. 314188
This case stems from a cruise plaintiff took in April of 1999 with her now deceased husband. While aboard the ship, plaintiff and her late husband decided to attend a shipboard auction put on by defendant Park West Galleries, Inc. During this auction, plaintiff purchased a complete set of Salvador Dali’s Divine Comedy collection. This art collection was represented by Park West’s auctioneer as a good investment that would increase in value over time. Further, defendant’s auctioneer stated that these works had been signed by Dali.Plaintiff purchased the works at the auction for $165,000. Plaintiff, as part of the purchase, received certificates of authenticity and appraisals to ensure that representations made by Park West’s auctioneer were accurate. Defendant Albert Scaglione, the CEO of defendant Park West Galleries, Inc., signed the documents, and they were mailed to plaintiff after the cruise was over.
Read more about this Michigan civil appeal here: Mattie King v. Park West Galleries
December 2, 2014, Case No. 314200
Defendant appeals as of right his jury trial convictions of assault with intent to commit murder, MCL 750.83; torture, MCL 750.85; and two counts of unlawful imprisonment, MCL 750.349b. He was sentenced to concurrent terms of 20 to 40 years’ imprisonment for the assault with intent to commit murder conviction, 20 to 40 years for the torture conviction, and 8 to 15 years for each of the unlawful imprisonment convictions. Because there was sufficient evidence to convict a defendant of assault with intent to murder, the trial court did not abuse its discretion in admitting expert testimony or allowing the late endorsement.
Read more about this Michigan criminal appeal here: Michigan Criminal Appeal – People of the State of Michigan v. Leon Finnie
In People v. Ricky Edwards, Michigan Court of Appeals No. 337354, the court vacated the conviction and sentence for lying to a police officer during an investigation. It affirmed the convictions and sentences for operating while intoxicated and driving while license suspended.
The October 30, 2018 decision illustrates how an appeal can produce relief on one count while leaving other convictions and sentences in place.
Contact Brownstone Law About Your Michigan Appeal
If you need to challenge a Michigan judgment, conviction, sentence, or appealable order, contact Brownstone Law for a free appellate evaluation.
Tell us what happened, which court entered the decision, and the date of the judgment or order. We will assess the available appellate options and explain the proposed scope of representation.
Call (888) 233-8895 or (407) 388-1900.
Frequently Asked Questions
Q1. What is the Michigan Court of Appeals?
The Michigan Court of Appeals is the state’s intermediate appellate court. It reviews decisions from trial courts (including circuit and probate courts) and certain agency matters. It does not conduct a new trial; it reviews the record for legal error and applies the appropriate standard of review.
Q2. How is a Michigan appeal started?
Depending on the order and case type, a party may file a claim of appeal as of right or an application for leave to appeal. Timing is critical—many deadlines run from entry of the judgment or order, and the Michigan Court Rules control the exact procedure. Speak with appellate counsel promptly.
Q3. What types of cases does the Michigan Court of Appeals hear?
The court hears a wide range of civil, criminal, family, and administrative appellate matters. The common thread is claimed legal error in the proceedings below—not a simple request for a second factual hearing.
Q4. How long does a Michigan appeal take?
Timelines vary with complexity, transcript preparation, briefing schedules, and the court’s docket. Many appeals take many months from filing to decision; some resolve sooner, and complex matters can take longer. Your attorney can map a realistic timeline after reviewing the record posture.
Q5. Can I represent myself in the Michigan Court of Appeals?
Yes, parties may proceed without counsel, but appellate rules are technical and unforgiving. Formatting, issue preservation, and standard-of-review arguments frequently decide cases. Most litigants benefit from experienced appellate counsel.
Q6. What outcomes can a Michigan appeal produce?
The Court of Appeals may affirm, reverse, vacate, modify, or remand for further proceedings. The precise result depends on the issues raised and the relief available under Michigan law.
Q7. Does Brownstone Law handle Michigan Supreme Court and federal appeals too?
Yes. Where appropriate, we advise on Michigan Supreme Court review and federal appellate options, including Sixth Circuit appeals and related collateral litigation.
Q8. When should I contact an appellate lawyer?
Contact an appellate lawyer as soon as the court enters the judgment, sentence, or order you want to challenge. An early evaluation helps determine whether the decision is appealable, which filing deadline applies, and what steps are needed to preserve your opportunity for review. Provide counsel with the actual court order and procedural history so the deadline can be assessed accurately.
Q8. When should I contact an appellate lawyer?
Contact an appellate lawyer as soon as the court enters the judgment, sentence, or order you want to challenge. An early evaluation helps determine whether the decision is appealable, which filing deadline applies, and what steps are needed to preserve your opportunity for review. Provide counsel with the actual court order and procedural history so the deadline can be assessed accurately.
Q9. What does an appellate lawyer handle?
An appellate lawyer evaluates potential legal errors, reviews the court record, researches applicable law, and prepares appellate briefs and other required filings. Depending on the representation agreement, the lawyer may also handle oral argument, requests for rehearing, and applications for further review. The written agreement should clearly identify which stages of the appeal are included.
Q10. What documents are needed for an appeal evaluation?
An appeal evaluation usually begins with the judgment or order being challenged, the court docket, any written opinions, and any notice of appeal or application already filed. Available transcripts, relevant motions, and trial counsel’s contact information help the appellate lawyer assess potential issues and procedural requirements. For a criminal appeal, provide any plea agreement and available sentencing materials as well.
Q11. How much time do I have to appeal in Michigan?
The deadline to appeal in Michigan depends on the court, the type of case, the order being challenged, and whether qualifying motions were filed after judgment. Appeals of right, applications for leave to appeal, and federal appeals follow different filing rules.
Have an appellate lawyer review the actual judgment and procedural history promptly to identify the deadline that applies to your case. Do not assume that receiving the order late automatically extends the time to appeal.
Q12. When is rehearing appropriate?
Rehearing may be appropriate when an appellate court overlooks or misapprehends a material fact, controlling legal authority, or a significant legal issue affecting its decision. A rehearing request should identify the specific error and explain why it matters to the outcome. Simply disagreeing with the decision or repeating earlier arguments generally does not provide a sufficient basis for rehearing.
Q13. What can happen after an appeal is denied or the judgment is affirmed?
After an appeal is denied or a judgment is affirmed, possible next steps may include requesting rehearing, seeking review in a higher court, or pursuing a separate postconviction remedy in a criminal case. The available options depend on the court’s decision, the claims involved, earlier proceedings, and applicable deadlines. Further review is not automatic, so counsel should evaluate whether a legally available basis exists for another filing.
Q14. Are appeals handled on a flat fee basis?
Q15. Can a lawyer based outside Michigan handle a Michigan appeal?
A lawyer based outside Michigan may handle a Michigan appeal if the lawyer has the required admission or court authorization and complies with the applicable court rules. The lawyer’s office location alone does not determine eligibility to represent you. Confirm the lawyer’s authority to practice in the court handling your appeal, any relevant federal court admissions, and how the lawyer will obtain the record and coordinate with trial counsel.
Read What Our Clients Says
Jerome Brown
I recently engaged Brownstone PA for legal assistance, and I couldn't be happier with the service I received. The lawyers were thorough, attentive, and always had my best interests in mind. They guided me through the legal process, explaining everything in a clear and concise manner. I felt confident in their abilities and trusted their expertise. I highly recommend Brownstone PA for their exceptional legal services.
Alyssa Lin
Brownstone PA is a highly professional and reliable law firm. The lawyers I worked with were knowledgeable, approachable, and provided me with excellent legal representation. They were responsive to my concerns and kept me informed throughout the entire process. The attention to detail and dedication to achieving the best possible outcome were evident in their work. I highly recommend Brownstone PA for anyone in need of legal assistance.
Amily Moalin
I had a positive experience with Brownstone PA and their team of lawyers. They handled my case with utmost professionalism and achieved a favorable outcome. The lawyers at Brownstone PA were thorough in their approach, conducting in-depth research and providing well-crafted legal arguments. They were also compassionate and supportive throughout the process. I am grateful for their expertise and highly recommend their services.