Appeals Attorney in Grand Rapids

Advocating for Fair Outcomes in Grand Rapids Appeals

Facing an unfavorable court decision can be overwhelming and frustrating. At Tanis Schultz, we understand the complexities of the appeals process and are dedicated to helping you pursue the justice you deserve. 

With over 50 years of combined experience, our seasoned attorneys are equipped to handle both straightforward and intricate appellate matters. We ensure you receive knowledgeable representation tailored to your specific legal needs.

We pride ourselves on a collaborative approach that brings the full benefit of our team's experience to your case. We meticulously review trial records, engage in thorough legal research, and craft compelling briefs to present your case persuasively, which substantially enhances the possibility of a successful appeal and restores confidence in the pursuit of justice.

Appeals are time-sensitive—don’t delay. Connect with a trusted appeals attorney in Grand Rapids now. We offer free, no-obligation consultations to evaluate your case and explain the next steps. Call (616) 227-3737 or reach out online today.

Grounds for a Criminal Appeal in Michigan

The fact that you were convicted or are unhappy with the outcome of your trial is generally not sufficient grounds for an appeal. An appeal must be based on specific legal errors that occurred during the proceedings. Our appeals attorney in Grand Rapids team meticulously reviews trial records to identify these reversible errors.

Common grounds for a criminal appeal in Michigan include:

• Ineffective Assistance of Counsel (Sixth Amendment Violation): The Sixth Amendment to the U.S. Constitution guarantees every defendant the right to effective legal representation. If your trial attorney's performance fell below an objective standard of reasonableness and there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different, you may have grounds for appeal.
• Procedural Errors: Mistakes made by the trial court judge or other parties during the trial process that affected your rights or the fairness of the proceedings.
• Insufficient Evidence to Support a Conviction: If, even viewing the evidence in the light most favorable to the prosecution, no rational trier of fact (jury or judge) could have found all elements of the crime proven beyond a reasonable doubt, the conviction may be reversed. This argues that the prosecution failed to meet its burden of proof.
• Illegal Sentence / Sentencing Errors: If the sentence imposed by the trial court was outside the statutory limits, based on incorrect legal premises, or involved a misapplication of sentencing guidelines.
• Constitutional Rights Violations: Errors that violate a defendant's fundamental constitutional rights. Examples include:
  • Fourth Amendment Violations: Unreasonable searches and seizures leading to illegally obtained evidence.
  • Fifth Amendment Violations: Coerced confessions, denial of the right to remain silent, double jeopardy.
  • Sixth Amendment Violations: Denial of the right to confront witnesses, denial of effective counsel, denial of a speedy trial.
  • Fourteenth Amendment Violations: Due process violations (e.g., denial of a fair trial, biased jury).

It is crucial to demonstrate not only that a legal error occurred, but also that the error was prejudicial, meaning it negatively impacted the outcome of your case. A Grand Rapids appeals lawyer will focus on identifying errors that rise to this level of prejudice.

The Criminal Appeals Process in Michigan

The appellate process in Michigan is a meticulous and time-sensitive journey. Tanis Schultz guides clients through each phase. A dedicated appeals attorney in Grand Rapids is indispensable for navigating this complex system.

Phase 1: Initiating the Appeal

• Filing the Notice of Appeal (or Application for Leave to Appeal): This is the initial and most critical step. It must be filed with the correct appellate court (Circuit Court for District Court convictions; Court of Appeals for Circuit Court convictions) within the strict deadlines (e.g., 21 days for District, 42 days for Circuit, 6 months for certain leave applications).
• Ordering Transcripts: You must order a transcript of all relevant hearings and trial proceedings from the court reporter. The cost of transcripts is typically borne by the appellant. In criminal cases appealed to the Court of Appeals, transcripts must generally be ordered within 10 days from the day you file your notice of appeal.
• Preparation and Transmission of the Record: The trial court clerk will prepare the "record on appeal," which includes all documents filed in the case, docket entries, and the ordered transcripts. This complete record is then transmitted to the appellate court.

Phase 2: Briefing and Argument

• Briefing Schedule: Your Grand Rapids appeals lawyer will draft the appellant's brief, a comprehensive legal document that outlines the factual and procedural history of the case, identifies the specific legal errors committed by the lower court, and presents detailed arguments as to why the conviction should be reversed, vacated, or the case remanded for further proceedings. The State (the prosecution, represented by the Attorney General's Office or County Prosecutor's Office) then has an opportunity to file a response brief, arguing why the conviction should be upheld.
• Oral Argument (Optional): In many cases, the Michigan Court of Appeals may grant oral argument. This is an opportunity for your appeals attorney in Grand Rapids to present your case directly to a panel of three judges and answer their questions about the legal issues. Not all appeals are set for oral argument; often, a decision is made solely on the briefs.
• Decision by the Appellate Court: After reviewing the briefs and hearing oral arguments (if applicable), the Court of Appeals will issue a written opinion. The possible outcomes include:
  • Affirm: The conviction is upheld.
  • Reverse: The conviction is overturned.
  • Vacate and Remand: The conviction is overturned, and the case is sent back to the trial court for a new trial or other specific action consistent with the appellate court's ruling.
  • Modify: The conviction or sentence is changed.

Phase 3: Supreme Court Review (if applicable)

• Application for Leave to Appeal to the Michigan Supreme Court (Optional): If you are unsuccessful at the Michigan Court of Appeals, your Grand Rapids appeals lawyer may advise you to seek discretionary review from the Michigan Supreme Court by filing a "Application for Leave to Appeal." The Supreme Court only grants these petitions for cases involving significant legal issues or those of public importance. This application also requires extensive legal writing and argument.