Who determines the merits of an appeal?

In Michigan, appeals for criminal and civil cases are heard by a panel of three judges from the Michigan Court of Appeals. These appeals are generally heard by panels of three judges, although an appeal can occasionally be heard by a single judge. When an appeal is filed, the Michigan Court of Appeals reviews the record of the lower court to determine whether there were any legal errors in the proceedings. The court typically looks at whether the trial court applied the law correctly, whether evidence was properly admitted or excluded, or whether the verdict was based on substantial evidence. Once the case has been reviewed, the panel of appeals judges will either affirm the decision of the lower court or reverse it. The Michigan Court of Appeals then issues an opinion either affirming or reversing the lower court’s decision. If the court affirms the lower court, the decision is final. However, if the court reverses the lower court’s decision, the case is returned to the trial court for further proceedings. In sum, the Michigan Court of Appeals reviews the record of the lower court and determines the merits of an appeal. The panel of appellate judges will either affirm the decision of the lower court, reverse it, or remand the case for further proceedings.

Related FAQs

How do I request a change of venue in an appeal?
What is the appellate court’s role in interpreting statutes?
What is the process for filing a petition for rehearing?
How do I protect my rights if I do not have an attorney during an appeal?
What is the appellate court’s scope of review for a trial court’s decision to grant or deny a motion to suppress evidence?
What are the consequences of an appellate court’s decision?
What is the process for obtaining an order of remand from an appellate court?
What is the process for filing an appellate brief?
What kind of relief can be sought from an appellate court?
What is the standard of review for a motion for a new trial?

Related Blog Posts

Important Tips for Effective Appellate Law Representation - July 31, 2023
Inside the Appellate Courtroom: A Guide to Appellate Law Litigation - August 7, 2023
An Overview of Appellate Court Proceedings - August 14, 2023
Challenges of Appellate Law for Attorneys - August 21, 2023
Key Points Every Lawyer Needs to Know About Appellate Law - August 28, 2023