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Appeals and Post-Conviction Relief Options We Can Pursue
The appropriate avenue for challenging a conviction depends on the nature of the error in handling the case, when it was discovered, and where the case was prosecuted.
How the Appellate Process Works
Appellate litigation looks nothing like a trial. Understanding how the process actually works helps clients set realistic expectations and make informed decisions.
The Record on Appeal
An appellate court reviews what happened at trial — the transcripts, the exhibits, the motions, the rulings, and the objections.
Evidence or arguments that weren't raised previously generally can’t be presented for the first time on appeal. For this reason, what happens at trial determines what might happen on appeal. We look at the entire trial record carefully before assessing what arguments are available.
Standards of Review
Different types of errors are reviewed under different standards.
Constitutional questions and legal rulings are generally reviewed “de novo,” meaning the appellate court looks at them fresh, without deference to the trial court. Factual findings are scrutinized for clear error, while discretionary rulings are examined for abuse of discretion.
The standard of review isn’t just a procedural detail. It determines how hard a particular argument is to win, and we factor it into every strategic decision we make.
Preservation of Issues
Most issues must be raised and objected to at the trial level to be preserved for appeal. Unpreserved issues face a much tougher standard (plain error review) that requires showing that the error was obvious and affected substantial rights.
When trial counsel fails to preserve important issues, that failure can itself become the basis for an ineffective assistance claim, which keeps the underlying argument alive through a different avenue.
Briefing and Oral Argument
Appeals are decided primarily on written briefs, which are detailed legal arguments supported by the record and applicable law. Some courts also allow oral argument, where attorneys present and answer questions from the panel.
A kitchen-sink approach can dilute the most important claims. Our skilled attorneys compose briefs that are clear, precise, and built around the most compelling arguments available.
Timelines and Deadlines
Appellate deadlines are strict and unforgiving. If you miss the deadline to file a notice of appeal in Michigan state court, you’ll forfeit the right to a direct appeal. Federal habeas petitions are subject to a one-year statute of limitations, and post-conviction motions can have their own filing windows.
We focus on tracking these deadlines carefully and making sure our clients don’t lose their precious second chances due to inaction.
Grounds for Appeal and Post-Conviction Relief
The following are examples of the arguments our capable legal team might employ to seek post-conviction relief on our clients’ behalf:
Evidence that should have been kept out of a case, such as a prior conviction used for improper purposes, hearsay that didn't meet any exception, or prejudicial material without probative value, can support a reversal if it affected the verdict. So can evidence that should have been admitted but wasn't.
We look carefully for evidentiary errors in the record and assess whether they meet the threshold for relief.
Improper closing arguments, vouching for witnesses, introducing evidence the prosecution knew was false, and withholding evidence favorable to the defense all constitute prosecutorial misconduct.
Brady violations, where the prosecution fails to disclose exculpatory evidence, are among the most serious forms of misconduct and can form the basis of relief years after a conviction when the withheld evidence is discovered.
When a judge misinstructs the jury on the law, including on the elements of the offense or the burden of proof, the conviction rests on a flawed foundation. These errors are reviewable on appeal and, if properly preserved, can result in reversal and a new trial.
We examine the trial counsel's performance against the standard established in Strickland v. Washington, looking at whether the representation fell below an objective standard of reasonableness and whether there’s a reasonable probability that the outcome would have been different with competent representation.
This claim can be raised on direct appeal when the record supports it or through a post-conviction motion when facts outside the record are needed to establish it.
A conviction that relies on evidence that’s insufficient to prove guilt beyond a reasonable doubt violates the Constitution’s due-process guarantee. As part of our general post-conviction relief strategy, our lawyers examine the evidence presented at trial and assess whether it can be challenged.
Meet Our Appellate Defense Team
The efforts of our three attorneys are backed up by a full support team. When you choose Markou | Montague | Levine Defense, you’ll have access to a group of talented legal professionals who all know your case and are working toward the same outcome.
Anastase Markou
30+ Years of Criminal Defense
Sarissa K. Montague
18+ Years of Criminal Defense
Randall S. Levine
45+ Years of Criminal Defense
Our journey began in 1987, and since then, we have evolved to protect our clients' future, securing the best possible outcomes. We prioritize: custom strategies for every case, clear communication, and personalized attention.
What Our Clients Say About Us
Areas We Serve
Based in Kalamazoo, our criminal defense team serves clients throughout Southwest Michigan:
Primary Counties:
- Kalamazoo County
- Van Buren County
- Allegan County
- Barry County
- Calhoun County
- St. Joseph County
- Branch County
- Cass County
- Berrien County
- and surrounding communities
Michigan Statewide Services:
- Driver's License Restoration (throughout Michigan)
- Professional Licensing Defense (throughout Michigan)
Your Criminal Case May Not Be Over
A conviction or unfavorable verdict isn’t always the last word. If something went wrong at trial, or if evidence has since emerged that changes the picture, there may be grounds to challenge the outcome.
Contact Markou | Montague | Levine Defense today for a free, confidential consultation with a Kalamazoo appellate defense attorney. We’ll look over the record and inform you about what options you still have.
Frequently Asked Questions About Appeals and Post-Conviction Relief
In Michigan, the deadline to file a claim of appeal is 42 days after sentencing. Missing this window means losing the right to a direct appeal and significantly limiting your subsequent options. Federal habeas petitions are subject to a one-year statute of limitations that begins when the conviction becomes final.
To avoid forfeiting your rights and jeopardizing your future, contact us as soon as possible after sentencing.
Generally, appellate courts review only what was in the trial record; new evidence typically can’t be introduced for the first time on appeal.
However, newly discovered evidence can form the basis of a post-conviction motion, such as a motion for new trial, motion for relief from judgment, or a habeas corpus petition in federal court. The procedural approach depends on the nature of the evidence and when it was discovered.
A Brady violation occurs when prosecutors fail to disclose evidence that’s favorable to the defense.
When a Brady violation is discovered after a trial has concluded, it can open the door to post-conviction relief. The defendant must show that the evidence was suppressed, that it was favorable, and that there’s a reasonable probability the outcome would have been different if it had been disclosed.
Not necessarily. Appellate courts can affirm the conviction, reverse and remand for a new trial, reverse and order a different sentence, or (in limited circumstances) order an acquittal. The remedy depends on the type of error in question and its effect on the initial proceeding.
In many circumstances, yes. Michigan's motion for relief from judgment and federal habeas corpus petitions are separate from the direct appeal and can raise issues that weren’t addressed earlier, such as newly discovered evidence, constitutional violations, and claims of ineffective assistance.
Procedural rules decide what issues can be raised and when. Our attorneys analyze those rules thoroughly before advising clients on whether post-conviction relief is available.