What is the difference between a discretionary and a non-discretionary appeal?

Appellate law in Michigan involves appeals of court rulings. An appeal is when a higher court reviews the decision of a lower court. There are two types of appeals: discretionary and non-discretionary. A non-discretionary appeal is when the higher court must review the decision of the lower court. This means that the higher court must accept the appeal and decide the issue. Non-discretionary appeals usually arise from civil cases over $50,000 or from criminal cases involving death sentences. A discretionary appeal is when the court decides whether or not to accept the appeal. This is usually based on whether or not there is an issue of law involved. An example of this would be an appeal of a lower court ruling that a law was unconstitutional. This involves an issue of law, so the higher court can decide to review the ruling. Both types of appeals can be initiated by either side in the case. In both cases, the higher court must decide based on the law and not on personal opinions. Discretionary appeals allow the higher court to decide if it wants to hear the appeal. Non-discretionary appeals require the higher court to review the ruling of the lower court.

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What is the difference between a discretionary and a non-discretionary appeal?

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