Are you wondering what to do if you do not qualify for a claim of appeal?
Happy Friday and welcome to the second part of our series about appeals in Michigan. Over the past couple of weeks, we have been reviewing the Michigan Court of Appeal Handbook for filing for an appeal. If you are new to our series and want to start from the beginning, please see: How to File an Appeal in Michigan.
We have already reviewed the first way to file an appeal which is called claim of appeal. We examined the Handbooks, Who, What, Where, When and, How and broke it down into a 5 parts. Today, we will start that same journey with the next way to file an appeal, Application for Leave of Appeal.
Application for Leave of Appeal
An application for leave of appeal differs from claim of appeal because you do not have an automatic right to file. The Michigan Court of Appeal has to decide whether or not it will grant you a full review based on the information you provide. If the Michigan Court of Appeals grants your application then it will evaluate your case and provide you with a decision of merits.
Who May File?
First you have to have a “standing”. What that means is just like the claim of appeal you must be an “aggrieved” party.
- You are considered to be a “party” as long as you have been apart of the case in the lower court or administrative tribunal. You are not allow to file on behave of anyone and that include spouses, relatives and friends.
- You are considered to be “aggrieved” as long as you meet 1 of 3 of these conditions.
- The circuit court entered in the sentence of the crime you were convicted of.
- Your parental rights were terminated by the family division.
- Your legal rights or monetary interest was invaded or prejudiced against by the judgment of the lower court or administrative tribunal.
Next week we continue with the “what” and what can be appealed be a application for leave. If you have any questions about how these requirements might apply to your situation, give me a call.
While the Michigan Court of Appeals Handbook is written for an individual who is not represented by a lawyer, please note the word of caution in the introduction below. If you need help filing a appeal, call me at: 248-348-7400.