How Long Does an Appeal Take in the Michigan Supreme Court? A Timeline.

Summary: Michigan Supreme Court Appeal Timeline

A Michigan Supreme Court appeal timeline varies depending on whether the Court grants leave, orders briefing, or schedules oral argument. The Michigan Supreme Court appeal timeline varies depending on whether the Court grants leave, orders briefing, or schedules oral argument. Below is a clear breakdown of each stage so you know what to expect when pursuing an appeal in the Michigan Supreme Court.

The Michigan Supreme Court Appeal Process: A Quick Overview

Appealing to the Michigan Supreme Court is a big step. It’s the highest court in the state, and it handles only select cases. Unlike the Court of Appeals, the Michigan Supreme Court gets to decide whether or not they want to hear your case. Here’s a brief rundown of the process:

Filing an Application for Leave to Appeal in the Michigan Supreme Court

This is where your attorney asks the court to review your case. Unlike a direct appeal, you’re not guaranteed that the court will hear it.

Court Decides Whether to Grant Leave

The court will decide if your case raises significant legal questions or presents issues that are important to the public or judicial system.

Briefing and Oral Argument After Leave Is Granted

If the court agrees to hear your case, your attorney will submit briefs, and the court may schedule oral arguments.

The Michigan Supreme Court’s Final Decision

After oral arguments (if granted), the court will issue a written opinion that can either uphold or reverse the lower court’s ruling.

Each step takes time, and delays of several months are common.

Step-by-Step Timeline of an Appeal in the Michigan Supreme Court

Quick Timeline Summary

A Michigan Supreme Court appeal typically takes 12 to 24 months from filing to final decision. This timeline includes submitting an application for leave to appeal, waiting for the Court to decide whether to hear the case, briefing and possible oral argument if leave is granted, and the Court’s deliberation and written opinion. Each stage can add months to the process, especially in complex criminal appeals.

Filing the Application for Leave to Appeal (1-3 Months)

The first thing to know is that there are strict deadlines. After the Michigan Court of Appeals issues its decision, you usually have 56 days (about two months) to file an Application for Leave to Appeal with the Supreme Court. During this time, your attorney will review the Court of Appeals’ decision, gather legal arguments, and draft your application.

Waiting for the Court to Decide on Your Application (2-6 Months)

Once your application is filed, the waiting game begins. The Michigan Supreme Court doesn’t have to accept every case. In fact, they hear only a small percentage of criminal appeals.It typically takes the court 2 to 6 months to decide whether they will grant or deny your application. During this time, they’ll review the case, possibly request more information, and decide whether your case has statewide significance or addresses critical legal issues.

If the court denies your application, the appeal process is over. However, if they grant the application, your case moves forward to the next stage.

Briefing and Oral Argument After Leave Is Granted (3–6 Months)

Once the court agrees to hear your case, there’s another round of legal briefs. Both sides (your legal team and the prosecution) will submit written arguments, which can take 2-3 months to complete. After the briefs are filed, the court may schedule oral arguments. This is when your attorney will appear before the justices to make your case in person.

Oral arguments are often scheduled several months after the last brief is submitted. Typically, you’re looking at 3 to 6 months between the court agreeing to hear your case and oral arguments being held.

Waiting for the Michigan Supreme Court’s Final Decision (6–12 Months)

After oral arguments, the justices will begin deliberating. The timeline for receiving a final decision from the Michigan Supreme Court can vary, but on average, it takes 6 to 12 months. The court’s written opinion will be detailed, explaining the reasoning behind their decision.

In some cases, this timeline can be longer, especially if the court is dealing with a particularly complicated legal issue. The wait can be stressful, but it’s important to know that the court takes this time to ensure that justice is served.

Why the Supreme Court Appeal Process Takes Time

You might be wondering—why does it take so long? Here are a few reasons:

Complex Legal Issues

Supreme Court cases often involve complex legal questions. The justices need time to thoroughly review the case, the legal briefs, and the oral arguments.

Limited Resources

The Michigan Supreme Court hears a limited number of cases each year and takes the time necessary to ensure each one is carefully considered.

Importance of Precedent

Decisions made by the Supreme Court can impact the interpretation of laws across the entire state, so the justices take time to craft opinions that are legally sound and clear.

Is There Any Way to Speed Up the Process?

Unfortunately, there’s no quick way to fast-track a Michigan Supreme Court appeal. Once the wheels are in motion, you simply have to let the process unfold. However, working with an experienced appellate attorney can ensure that deadlines are met, paperwork is properly filed, and your legal arguments are as strong as possible. This helps minimize the risk of unnecessary delays.

What Happens if the Supreme Court Denies Your Application?

If the Michigan Supreme Court denies your application for leave to appeal, your options become limited. However, it’s not necessarily the end of the road. In some cases, you may be able to pursue post-conviction relief, such as filing a federal habeas corpus petition or exploring other avenues like a motion for relief from judgment in Michigan’s lower courts.

Final Thoughts: Patience is Key

Appealing a criminal case to the Michigan Supreme Court is a lengthy process that requires patience and persistence. While it can be frustrating to wait months, or even more than a year, for a final decision, understanding the process can help you manage expectations and plan next steps wisely. Working with a knowledgeable appellate attorney like Mark Linton can make a meaningful difference when navigating this complex system.

If you’re considering appealing your criminal conviction to the Michigan Supreme Court, you don’t have to go through it alone. Contact Mark Linton today to discuss your case and explore your options. Experienced appellate guidance can help you navigate the Supreme Court appeals process and position your case for the best possible outcome.