Q & A: I want to appeal a decision the court made in my case. But I am short on funds. Can I wait a while to appeal?

Q : I want to appeal a decision the court made in my case. My attorney says it's an issue that's subject to appeal. But I am short on funds to pay my attorney. Can I wait a while to appeal? 

A: Probably not.

You do not state in your question in what area of law your case was. Your question does center on the area of Procedure (whether Criminal Procedure or Civil Procedure). Evidence law may also come into play here.

In general, an option to appeal a decision is limited - in more than one way. First, only certain issues will be considered relevant to an appeal. This is sometimes a question of law (what prior cases have held), and other times a question of fact (whether the judge left out certain evidence, denied a motion, etc.) If it's an evidence question, a transcript of the earlier hearing may need to be reviewed, to see what was done in court, and on the record.


Second, and more importantly in your case, an appeal is limited in time.
Court rules limit when an appeal can be done. It is typically 21 days (under MCR 2.119 (F), and MCR 7.205 (A)) after the entry of an order in a case. This means that once the order is signed (entered) by the judge, your "clock" begins ticking.

I understand that attorney fees are expensive. If you wait too long, your appeal "window" will possibly close forever. This means that you will have to live with the decision that was made in your case.

However, it may be possible to wait a little while - up to six months  possibly, if you can show the court (through an affidavit, best presented through your attorney's representation) that there was a very valid reason why the appeal was not filed within the original 21 day window. This is what is known as a "delayed application for leave" to appeal.

Please give your attorney as much time as possible to begin that appeal. 

Lack of minority representation in jury pool gets new trial for convicted murderer

A Hispanic man convicted of second-degree murder in 2001 deserves a new trial because a computer glitch left minorities underrepresented in his jury pool, a federal appeals panel said Friday, Sept. 4.

Antonio Garcia-Dorantes, 37, was convicted in the Oct. 22, 2000, stabbing death of Jose Delores Gomez and wounding of Manual Garcia.

Article here (via mlive). 

Defendant gets new trial at Federal appeals level after judge told him to "shut up."

A federal judge who criticized a defense lawyer’s questioning as “flimflam” and told him to shut up created the appearance of bias during a jury trial, a federal appeals court has ruled.


U.S. District Judge John O’Meara, criticized a defense lawyer’s questioning as “flimflam” and told him to shut up created the appearance of bias during a jury trial, a federal appeals court has ruled.
The Cincinnati-based 6th U.S. Circuit Court of Appeals granted a new trial to the defendant, saying the trial judge “belittled” the defense lawyer, the National Law Journal (sub. req.) reports. The judge also erred when he answered a juror’s question about reasonable doubt with an improvised instruction, the court said.

The story identifies the judge as U.S. District Judge John O’Meara of Ann Arbor, Michigan.
The judge made several “sua sponte” statements in front of jurors criticizing lawyer Marvin Barnett, who was defending Reginald Daniels on gun crimes charges, the appeals court said in the June 8 unpublished opinion (PDF). The appeals court cited several instances:

• During closing arguments, O’Meara ordered Barnett to “shut up.” O’Meara also criticized the defense theory that police have reason to lie as “over the top … mendacity.” ( . . . )

Article here (via aba journal).

Man appeals 22-50 year sentence, gets 3 years off sentence

A man who robbed a local McDonald's restaurant and was later convicted, appealed his sentence and was successful in shaving 3 years off his 22-50 year sentence.

article here.

According to court records, the pair entered the restaurant with guns drawn and ordered all but one employee to stay on the ground. The robbers gathered up about $3,200 in cash and numerous booklets of gift certificates. Within a week, Woods was arrested. Police say he was holding white gloves, like those used in the robbery, and about $1,400 in cash – mostly $1 and $5 bills. At Woods’ apartment, a search turns up McDonald’s gift certificates, police said.