Appellate Court - Frequently Asked Questions

Below you'll find a list of questions often fielded by the Prosecutor's Appellate Division. If you have a question not answered here, please contact us. 

How many defendants appeal their conviction?

May a defendant appeal if he or she pleaded guilty?

How long does it take for the Court of Appeals to decide a defendant's appeal?

How often does the Court of Appeals reverse defendants' convictions?

Will the victim asked to testify or make a statement in front of the Court of Appeals?

Will the victim be notified of the results of the defendant's appeal?

May the defendant file further appeals if his or her conviction is affirmed by the Court of Appeals?

Who can be contacted if there are questions about a defendant's appeal?

How many defendants appeal their conviction?

The vast majority of defendants who are convicted after a trial appeal their convictions and/or sentences.

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May a defendant appeal if he or she pleaded guilty?

A defendant may petition the Court of Appeal for review. The Court of Appeals has discretion to decide whether or not to hear the case.

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How long does it take for the Court of Appeals to decide a defendant's appeal?

Currently, the average time for decision on defendant's appeal is 18 months after defendant files his or her claim of appeal.

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How often does the Court of Appeals reverse defendants' convictions?

The vast majority of convictions are affirmed by the Court of Appeals.

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Will the victim asked to testify or make a statement in front of the Court of Appeals?

No. The Court of Appeals hears only oral arguments by the attorneys representing the defendant and the prosecutor. Victims are not permitted to speak, but are permitted to attend oral argument.

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Will the victim be notified of the results of the defendant's appeal?

The Victim Services Section of the Prosecutor's Office will notify the victim of the decision by the appellate courts.

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May the defendant file further appeals if his or her conviction is affirmed by the Court of Appeals?

A defendant may petition the Michigan Supreme Court for review. The Supreme Court has discretion to decide whether or not to hear the case. A defendant may also petition the trial court in Circuit Court one time for a review of the conviction if new issues are raised.

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Who can be contacted if there are questions about a defendant's appeal?

Any person may contact the Appellate Division of the Prosecutor's Office for the status of any appeal. The telephone number for the Appellate Division is 248-858-0691.

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