Michigan Appeal Denied? Common Reasons and What to Do Next

If you're in Michigan and the questions ringing in your mind continuously are, “Why is it so hard to win an appeal?” and “Why would an appeal be denied?” You're not alone. A denial definitely stings. However, most appeal denials don't mean your case was “hopeless”.  They usually mean one of three things. The Court of Appeals or Supreme Court decided the legal issue wasn't the right fit, wasn't properly positioned, or wasn't allowed under the rules. 

Mark Linton, a highly distinguished appellate attorney in Michigan, gives a straight-talk guide to why appeals get denied. He also shares what smart moves can change the next step. 

First, Know What Kind of Denial You Got

Appeals move forward either by application for leave to appeal or through appeal of right. For most final orders, an appeal of right is available. Although, the appeal can be dismissed or “denied”. This happens when there's a jurisdictional or rules problem, such as wrong order or late filing, as per Michigan Court Rules (MCR) chapter 7.203(A) and MCR 7.204(A). 

Application for leave to appeal is discretionary. And it's often used for non-final orders, plea-based criminal cases, or certain post-judgment rulings as per MCR 7.205. And the Court of Appeals can deny leave without full briefing or oral argument. The denial comes in a one-line order citing a lack of merit in the grounds presented. 

Most Common Reasons Michigan Appeals are Denied 

Wrong Timing

When you miss a deadline, the court may have no power to hear you. The court enforces strict compliance in appeals of right. And MCR 7.204(A)(1)(a) states that you only have 21 days after the entry of the final order to appeal your civil case. If you miss it, you’ll be stuck asking for leave to appeal instead. 

In application for leave to appeal, MCR 7.205(A)(1) gives a 21-day timeline for many interlocutory (non-final) orders. However, MCR 7.205(A)(2) permits filing in criminal cases within 6 months after the judgment or order. Consulting your appellate counsel will help you understand the exceptions and tolling rules. 

No “Final Order” or Wrong Order

As earlier mentioned, appeals of right generally require a final order. This is an order that ends the case in the lower court, as required by MCR 7.202(6)(a) and the Luckow v. Luckow (2011) case ruling. And if you appeal a non-final order, the court may dismiss your case. You may instead need to file for leave to appeal and explain why waiting would cause substantial harm. 

Discretionary Gatekeeping 

When you ask for leave to appeal, the Court of Appeals usually decides whether the issue you're presenting merits full review. And many leave applications are often denied, even good ones. This is because the court prioritizes clear legal error, recurring issues, or matters that need guidance. And denials often state, “lack of merit in grounds presented”, as in People v. Hine (2002).

Issues Weren't Preserved in Trial 

On appeal, review is limited to the record. And the appellate court requires that issues be preserved by first raising them at trial. Unpreserved issues face the tough plain-error test. This test involves a clear demonstration of an existing error, which should be plain and obvious to any reasonable judge. 

Also, the error should have affected the defendant's critical rights, And it should have undermined the fairness and integrity of proceedings, as clarified in Michigan Rules of Evidence (MRE) 103 and the people v. Carines (1999) case. This makes it hard to win an appeal with an unpreserved issue. 

Briefing or Record Problems 

Appeals are won and lost on the papers. And the court checks if the presented brief complies with MCR 7.212(C), which guides proper brief preparation. The brief’s content should include authorities, record citations, issues presented, and standards of review. Noncompliance or insufficient legal development in the brief allows the court to treat the claims as abandoned.

And in the denial, the court will quote the classic Michigan Law and say, “it is not enough…to simply announce a position…” as stated in the Mitcham v. Detroit (1959) case. Moreover, missing transcripts, appendices, or key exhibits can also sink an appeal at the gate. The court essentially relies on the record. And if you can't supply it, you usually can't win, as per MCR 7.210 and the People v. Elston (2000) case ruling. 

Plea-Based Criminal Cases

MCR 7.203(A)(2) and the Constitution of Michigan 1963 (chapter 1 section 20) make it clear. When you plead guilty or no contest, you don't automatically get the right to appeal. You must apply for leave to appeal. And many such applications are denied unless you show a serious legal issue like plea validity, jurisdiction, or sentencing error. The People v. Cole (2012) case demonstrates this rule.

It's worth noting that the court denying your leave doesn't mean your case was weak. It often has more to do with the court's workload (docket management and limited discretionary bandwidth) than with the strength of your case. Courts often trim back even compelling appeals at this point. That's why a careful follow-up strategy is critical. 

What to Do After a Denial 

Move fast for reconsideration - Let's assume the Court of Appeals dismissed your appeal or denied you relief. From here, you generally have 21 days to file a motion for reconsideration under MCR 7.215(I)(1). The clerk won't accept late motions. So, make sure you move fast to avoid missing this window.

Escalate to the next level - Say the Court of Appeals ruled against you or refused to hear your case. From here, you typically have 42 to 56 days to file for leave to appeal in the Michigan Supreme Court under MCR 7.305(C)(2). So, use this time to sharpen your issues with your advocate and demonstrate nationwide importance or clear error, as demonstrated in the People v. Warren (2020) case. 

A denial doesn't mean defeat. It means you need a fearless and relentless Michigan appeals lawyer to fight harder and smarter. And when the courts say no, contact Mark Linton today, who knows how to fight for your yes.

Why are Michigan appeals often denied?

Common reasons include missed deadlines, appealing a non-final order, issues not preserved at trial (plain-error review), insufficient briefing or record materials, and discretionary denials when seeking leave to appeal.

How long do I have to file a motion for reconsideration in the Michigan Court of Appeals?

Generally 21 days from the order, so you must move quickly. Deadlines are strict and late filings are usually rejected.

Can I seek review in the Michigan Supreme Court after a denial?

Often yes, by filing an application for leave to appeal. The typical filing window is about 42–56 days depending on the order and rules. Focus on issues of clear error or broader importance.

What is the difference between an appeal of right and an application for leave to appeal?

An appeal of right follows a final order and is taken as of right if timely and proper. An application for leave is discretionary—often for non-final orders or plea-based cases—and can be denied without full briefing.

What if my issue wasn’t preserved in the trial court?

Unpreserved issues face plain-error review, which requires showing a clear, outcome-affecting error. It is harder to win than preserved issues.

Do guilty or no-contest pleas get an automatic right to appeal in Michigan?

No. Most plea-based cases require an application for leave to appeal, and many are denied unless you present a serious issue such as plea validity, jurisdiction, or a sentencing error.