What Happens After an Appeal is Granted in Michigan?

You've been carrying the weight of a conviction for months or maybe years. And then one day, a call comes in or the court notice arrives. The court granted the appeal you filed. Relief comes, but many questions also arise. “What happens now?” “Does this mean it's all over?” “Am I free to breathe again?” For many, this is a relief and a new challenge.

And while the positive outcome is a step forward, it's not necessarily the end of a legal journey. And understanding what comes next is critical to reclaiming control over your life. Mark Linton, a highly regarded appeals lawyer in Michigan, wrote this guide. It explains what happens after an appeal is granted in Michigan.

What Happens After an Appeal is Granted: Types of Relief You May Receive

Not every appellate win ends the case. The relief given by the Michigan Court of Appeals or Supreme Court is limited by the error found, the review standard used, and the type of remedy allowed.

What happens after the court sends the case back to the lower court largely depends on the kind of relief the court grants. Here are several types of relief available:

Reversal and Remand for New Trial

This is the standard outcome after a key error is preserved. Some of these preserved trial errors include erroneous evidentiary rulings, denial of suppression motions, and prosecutorial misconduct. Michigan Court Rule (MCR) 7.216(A)(7) states that such a reversal usually comes with instructions. 

The trial court must hold new proceedings. These should follow the legal reasoning and corrections from the appeals court's opinion. When an appeals court reverses a conviction, it usually doesn't cancel the original charges unless it clearly says so. This means the State still has the power to decide what happens next. 

However, their options may be limited by certain legal rules. One rule is the double jeopardy clause (barring the court from trying someone twice for the same crime). The second one is issue preclusion (barring the state from relitigating specific facts that were already decided in your favor).

Reverse and Dismiss the Charges

This is a rare occurrence, and it usually happens on two occasions. Firstly, when the evidence at trial was so weak that it violated your constitutional right to due process. Secondly, when the case should never have been filed. For instance, it wasn't allowed because the statute of limitations had already expired. 

In those two situations, the appeals court may reverse the conviction and dismiss the case entirely. This move aligns with the U. S. Supreme Court's ruling in the Jackson v. Virginia (1979) case. And when that happens, the case cannot be retried. And the original charges are permanently thrown out. 

Michigan precedent like the People v. Evans (1975) case gives clear direction. A retrial following an evidentiary insufficiency ruling constitutes a violation of both federal and state double jeopardy clauses.

Remand for Resentencing 

Sometimes, the appeals court finds problems only with the sentence, not the conviction itself. For instance, the judge may have used the wrong scoring (based on the People v. Francisco (2006)) case ruling when deciding the sentence. Another instance is when the judge gave the sentence outside the usual range but didn't explain why, as in the People v. Smith (2008) case. 

In such scenarios, the conviction still stands. This means the convicted person is still guilty, but the sentence is vacated and must be redone. And new evidence can't be introduced except on two occasions. 

Firstly, if the error affected the facts that the trial court relied on. Secondly, if the error violated the defendant's rights to a fair trial. The People v. Lino (1994) case clearly demonstrates that only serious errors like these justify bringing in new facts on appeal. 

Partial Reversal

In multi-count or compounding charge cases, a court may affirm in part and reverse in part. This often results in one of three scenarios.

The court can decide to dismiss a specific charge. It can also reduce a lesser offense. Alternatively, it may send the case back to enter a judgment on a different count. 

The strategic implications for retrial or resentencing depend on whether certain laws apply. This includes Michigan Compiled Laws (MCL) 768.32 or the Blockburger v. United States (1932) ruling.

What Happens After an Appeal is Granted: When Does the Case Return to Trial Court?

A case doesn't return to trial court right after the appeal. And your lawyer needs to know exactly when the trial court regains control of the case. According to MCR 7.215(f)(1)(a), the appeals court’s opinion becomes final after 21 days. However, there are certain exceptions. 

Firstly, one party may choose to file a motion asking the Court of Appeals to reconsider its decision under MCR 7.215(I). Also, someone may file a request for the Michigan Supreme Court to review the case under MCR 7.305(C). If any of the filings occur on time, the appellate court keeps the case until those matters are resolved. 

The trial court does not officially receive the case back until all appeals are used up or given up. After that, the Court of Appeals issues a remittitur (a formal notice that the appeal is over). The remittitur is what returns the authority to the trial court, as stated in MCR 7.218(A). 

What the Trial Court Can and Cannot Do

Two legal principles constrain the scope of the trial court's authority on remand. These principles are the mandate rule and the law-of-the-case doctrine. The mandate rule means that the trial court must adhere strictly to the scope and instructions in the appellate opinion. 

If the appeals court says “reverse and dismiss,” the trial court can't bring back dismissed charges. And it can't change the type of relief ordered by the appeals court. The trial court has no discretion unless the appellate decision allows it. 

The Court of Appeals may rule on an issue directly or by clear implication. And the trial court must follow that decision. This means that the trial judge can't revisit things like admissibility of the evidence, burden allocation, and constitutional defects unless new evidence comes up post-remand. The People v. Herrera (1994) case explains this rule well. 

Defense counsel may pursue pretrial motions after remand. This holds if the appellate opinion excludes certain evidence like suppression, as in the People v. Hyde (2009) case. The counsel should also check whether a new arraignment under MCR 6.113(B) is necessary.  

Can the Defendant be Retried?

In most appeal reversals, the prosecution can retry the case. However, there are important exceptions barred by constitutional protections or finality rules. These exceptions are:

-When the appellate finds the State failed to prove an essential element of its claims, as per the People v. Wolfe (1992) case

-When the charge is time-limited as per MCL 767.24

-When the jury's verdict implied an acquittal. For example, they may find the defendant not guilty on all serious charges. This means retrying the lesser charges could violate double jeopardy 

These situations trigger a constitutional bar against retrials. In other instances, the prosecution can still retry. But collateral estoppel under the doctrine of issue preclusion may limit what issues the State can relitigate. 

Bond Eligibility After Reversal

Defendants awaiting retrial or resentencing aren't presumptively entitled to release. However, they can ask the court for the temporary release under MCR 6.106(H). The judge may or may not grant the bond at their discretion. 

The judge considers several factors before deciding on bond. These factors include the nature of the appellate ruling, the likelihood of conviction on remand, the defendant's prior conduct while incarcerated or on bond, and their flight risk and community danger assessment.

The defense advocate should push strongly for bond after an overturned conviction. The vacated conviction restores the presumption of innocence, which means the defendant is once again legally presumed innocent. 

If you or your loved one's appeal has been granted and you're unsure of what comes next, Mark Linton can help. He's a trusted Michigan appellate attorney who's helped countless clients handle retrials, resentencing, and dismissals.

Don't face this complex process alone. You've earned a second chance, and Mark can help you protect it. Contact Mark Linton today and take control of what comes after the appeal.