So you went to trial in circuit court and lost. What now? Under Michigan law, you have what’s called an “appeal by right” or “appeal as of right.” That means you get to take your case to the Michigan Court of Appeals and that court has to hear your case and issue a decision.

It’s important to point out, though, that your case will not automatically go to the Court of Appeals. You first need to claim your appeal within 42 days after your sentencing. Generally, there are two ways to do this: (1) hire an attorney to file your “claim of appeal” or (2) submit a request for a court-appointed appeal attorney if you cannot afford an attorney. The request for a court-appointed appeal attorney effectively serves as your claim of appeal. (If you miss the 42-day deadline, you still may be able to appeal, although that appeal will likely be by application rather than by right.)

The claim of appeal will then trigger the production of the transcripts in your case. A lot of my clients believe that a transcript is being produced during the trial, but this isn’t the case. Instead, all the testimony at trial is recorded and then once the claim of appeal is filed, the court reporter (also known as the transcriptionist) will begin to type up the transcripts. By law, the court reporter has three months to produce the transcripts after the claim of appeal has been filed. In my experience, most court reporters take the full three months before the transcripts are completed.

After the transcripts are finished, the appeal attorney will have 56 days to prepare what’s called the “brief on appeal.” A brief on appeal is essentially an essay that explains to the court what happened in the case and why you think the case should be overturned. To learn more about common issues that are raised on appeal, click here.

After the defense brief is filed, the prosecution will have a chance to file their brief on appeal to respond to the defense’s brief. The defense will then have the option of filing a “reply brief,” a rebuttal of the prosecution’s brief.

The case will then sit at the Court of Appeals for several months. From the outside looking in, it will appear that nothing is happening in the case. But behind the scenes, the case will be reviewed by internal staff attorneys at the court as well as the three judges who will decide the case along with their personal law clerks.

The case will eventually be scheduled for what’s called “oral argument.” Typically, we receive notice roughly a month before the oral argument date. This is also the first time we learn which three judges on the Court of Appeals will be deciding your case. Oral argument is the attorneys’ opportunity to appear in front of the three judges and make their pitch. Sometimes, oral argument will be exciting, with all three judges interested in the case and asking lots of questions of the attorneys. Other times, the judges will not ask any questions and will appear uninterested in what the attorneys have to say. It depends on the judges and the case.

The judges will issue a decision in the case normally 1 to 4 weeks after oral argument (although it can take longer in some cases).

The Court of Appeals typically tries to resolve cases within 15 to 18 months from when the claim of appeal is filed. As I tell my clients, nothing happens fast in my line of work.

If you lose your appeal, you will have an opportunity to appeal to the Michigan Supreme Court. Click here to learn more.

 The harsh reality is that very few criminal appeals are successful. The lastest statistics I saw indicated that only about 3% of appeals result in the defendant’s convictions being reversed. I’ve been fortunate to have many good outcomes for my clients, but, as the saying goes, “results not typical.” If you talk to an attorney who tells you before reviewing your transcripts that you have a “good appeal,” run. He or she is not being honest with you.

I tell all my clients that every appeal is an uphill battle but that I will do everything I can for them. All in all, compared against the 3% metric, I think it’s fair to say that I’ve done pretty well for myself.

This is a very basic overview of how an appeal after a felony trial works. I could probably write a lengthy article about each step in the process.

Every appeal is unique. Consult an experienced criminal appeal attorney to learn more about the process in your case.