CRIMINAL APPEALS

At Springstead Bartish Borgula & Lynch, PLLC, we never stop fighting for our clients and for justice. We are regularly called upon to handle criminal appeals in state or federal courts when things go awry in the criminal justice system, whether that means challenging:

• violations of your constitutional rights;
• defective criminal charges or proceedings;
• wrongful convictions, including those based on newly discovered evidence;
• the denial of dispositive motions or motions to suppress;
• evidentiary errors;
• mistakes at trial;
• fault jury instructions;
• faulty sentencing guideline computations;
• a “bad” sentence; or,
• ineffective assistance of counsel.

Our award-winning attorneys have handled appeals on almost every level of our criminal justice system, including appeals from District Court to Circuit Court, Circuit Court to the Court of Appeals, the Court of Appeals to the Michigan Supreme Court, and from federal court/ U.S. District Court to the Sixth Circuit Court of Appeals.

If you or someone you know is considering an appeal, please feel free to call our experienced criminal appeal attorneys for a free case evaluation and consultation at (616) 458-5500 or (231) 924-8700.

Criminal Appeals in the State Courts of Michigan

In Michigan, most criminal appeals in state court occur after a defendant has been sentenced and the case is “over.” This promotes efficiency in the trial courts so that the courts of appeal are not required to resolve every dispute that arises during a case and, thereby, delay the handling of a criminal case. While appellate courts reserve the right to fix any glaring errors that are made during a case in what is called an interlocutory appeal, appellate courts generally prefer to address and rectify any mistakes that are made in the trial court after-the-fact.

Generally speaking, there are two basic types of appeals in Michigan: an appeal of right and an appeal by leave of the court. “If a defendant was convicted by trial, he or she has an appeal of right of the criminal conviction enshrined in the Michigan Constitution. Mich Const 1963 art 1, §20. Since 1994, however, the constitution does not allow appeals of right for an individual “who pleads guilty or nolo contendere” to crimes committed on or after December 27, 1994. People v Kaczmarek, 464 Mich 478, 628 NW2d 484 (2001). Appeals from those rulings are by “leave of the court.” Id.; see also MCR 7.203(A)(1)(b). MCL 770.3(1) reaffirms that such appeals must be by permission.” Michigan Appellate Handbook, Chapter 17, Criminal Appeals.

The criminal appeal lawyers at Springstead Bartish Borgula & Lynch, PLLC have filed all manner of appeals from appeals of right to appeals by leave as well as interlocutory appeals, but, if you are considering an appeal, you should consult an attorney immediately so you do not miss the proper window or manner for filing an appeal. Call now for a free case evaluation and consultation (616) 458-5500 or (231) 924-8700.

Federal Criminal Appeals in Michigan and the Sixth Circuit Court of Appeals

Federal courts are a critical part of the appellate system in the United States. Federal trial courts (called U.S. District Courts) address appeals from state courts, which can, and often do, eventually make their way to the highest court in the United States, the U.S. Supreme Court. But federal trial courts are not immune from error. Mistakes made in U.S. District Court can be appealed to the federal Court of Appeals, which, in Michigan, is the Sixth Circuit Court of Appeals based in Cincinnati, Ohio. Decisions from the federal Court of Appeals can be appealed to the U.S. Supreme Court, but the Supreme Court is very selective about what cases to accept on appeal and typically only considers about 100 appeals per year. The Supreme Court is not immune from either error either, but, as the Supreme Court’s Associate Justice Robert H. Jackson observed, “We are not final because we are infallible, but we are infallible only because we are final.”

The appellate attorneys at Springstead Bartish Borgula & Lynch, PLLC. stand ready to fight for justice and challenge:

• violations of your constitutional rights;
• defective criminal charges or proceedings;
• wrongful convictions, including those based on newly discovered evidence;
• the denial of dispositive motions or motions to suppress;
• evidentiary errors;
• mistakes at trial;
• fault jury instructions;
• faulty sentencing guideline computations;
• a “bad” sentence; or,
• ineffective assistance of counsel.

in U.S. District Court or the Sixth Circuit Court of Appeals. Call now for a free case evaluation and consultation (616) 458-5500 or (231) 924-8700.

Federal Sentencing Appeals

Because the vast majority of federal criminal cases are resolved by a guilty plea, often accompanied by a harsh sentence, it stands to reason that the majority of federal criminal appeals involve challenging the sentence handed down in some manner. The appellate attorneys at Springstead Bartish Borgula & Lynch, PLLC have successfully challenged numerous federal sentences in the Sixth Circuit Court of Appeals and stand ready to help you or someone you know fight for a just sentence. Call now for free case evaluation and consultation (616) 458-5500 or (231) 924-8700.