Legal Question in Criminal Law in Michigan

my son hashad things droppped from his case by the judge and the prosacuting lawyer has filed an appeal i looked at my sons court records an noticed it stateed denied leave to appeal what does this mean?


Asked on 8/01/09, 12:36 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

It sounds like the trial judge either suppressed evidence (physical evidence because of a search and seizure issue, or maybe even defendant's incriminating statement), or dismissed one or more charge.

If the case has not had a final outcome yet, an aggrieved party can still file an "interlocutory appeal" to the next highest court to challenge what the trial judge ordered. There is no 'right' to appeal at this stage. An "appeal of right" only comes to a defendant immediately after he/she has been convicted. In all other cases (including the pre-trial appeal you are talking about), the process is called filing an application for leave to appeal. Essentially, you are knocking on the higher court's door and asking its permission to let you file this early appeal before the case is over. The higher court can say "ok" (called "granting leave to appeal"), or can say "no" (called "denying leave to appeal"). Denial of an application for leave to appeal essentially maintains the status quo.

Leave to appeal can be denied for many reasons. One might be that the higher court does not disgaree with the lower court's decision ... and it's comfortable making that decision without a full-blown appeal where both parties get to file briefs and do oral arguments.

Denial of an application for leave to appeal does not necessarily mean that the case is over. It just means that the higher court is not persuaded that it needs to intervene and review the lower court's decision before the case is finished. After the case is finished in the trial court, a party might then be able to file an appeal of right that includes as an issue the trial courts pre-trial decisions.

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Answered on 8/07/09, 10:37 am


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