Michigan Criminal Appeals & Appellate Legal Services | Skinner Law Office
Skinner Law Office provides focused, expert appellate legal services for clients across the state of Michigan. Attorney Michael B. Skinner has dedicated his entire 25-year legal career to appellate practice — making his firm one of the most experienced and credentialed appellate offices in Michigan. Unlike general practice firms that handle appeals on an occasional basis, Skinner Law Office operates exclusively in the appellate arena, ensuring that every client receives the full benefit of deep, specialized expertise.
Comprehensive Appellate Representation for Michigan Clients
Below is an overview of each service area Skinner Law Office handles. If you have questions about whether your situation qualifies, call (248) 693-4100 or contact the firm online to schedule a case evaluation.
Criminal Appeals
Navigating the complexities of Michigan criminal appeals requires experience and precision. We meticulously analyze trial records to identify errors and craft persuasive arguments to challenge wrongful convictions and sentencing issues. Our sole focus on appellate litigation means your case benefits from expert knowledge and strategic advocacy.
Civil Appeals
Civil appeals demand a thorough understanding of both procedural nuances and substantive law. We represent clients across Michigan in diverse civil matters, ensuring their cases are argued effectively to safeguard their rights and interests on appeal.
Habeas Corpus Petitions
For clients facing continued detention despite exhausted state remedies, habeas corpus petitions provide a critical path to relief. Skinner Law Office offers expert guidance and representation in these complex federal proceedings, aiming to protect constitutional rights and secure justice.
Federal Appeals
Our experience extends to federal courts, having litigated successful appellate relief for our federal clients. We can handle appeals to the Sixth Circuit Court and other federal circuit courts, as well as the U.S. Supreme Court.
Expungements, Pardons, and Commutations
Additionally, for clients who have exhausted other legal avenues, we offer strategic advice and assistance with expungement, pardon, and commutation applications to provide renewed hope and final resolution.
Michigan Criminal Appeals
Michigan criminal appeals are the cornerstone of Skinner Law Office's practice. A criminal appeal is a formal request to the Michigan Court of Appeals or the Michigan Supreme Court to review the legality of a conviction or sentence. Attorney Skinner approaches every criminal appeal with the same systematic methodology: a complete review of the trial record, identification of every viable legal error, and the construction of a precisely argued appellate brief.
Common grounds for criminal appeals in Michigan include:
- Ineffective assistance of trial counsel — failure to investigate, failure to present exculpatory evidence, failure to object, or failure to advise the client properly
- Constitutional violations — unlawful search and seizure, Miranda violations, denial of the right to confrontation, or deprivation of due process
- Prosecutorial misconduct — improper closing arguments, introduction of inadmissible evidence, or failure to disclose Brady material
- Trial court evidentiary errors — improperly admitted or excluded evidence that affected the verdict
- Improper jury instructions — instructions that misstated the law or failed to adequately explain the elements of the charged offense
- Insufficient evidence — the prosecution's evidence, taken in the light most favorable to the verdict, was legally inadequate to sustain the conviction
- Sentencing errors — incorrect scoring of sentencing guidelines, consideration of impermissible factors, or sentences in excess of the statutory maximum
- Newly discovered evidence — evidence that was not available at trial and that could have changed the outcome
Attorney Skinner has obtained results in criminal appeals across a wide spectrum of offenses, including first-degree murder, second-degree murder, criminal sexual conduct, armed robbery, home invasion, larceny, unarmed robbery, solicitation to commit murder, and assault. Each case is evaluated individually, and Attorney Skinner provides an honest assessment of the strength of available appellate arguments.
Timing is critical. Michigan Court Rules require that a claim of appeal as of right be filed within 42 days of sentencing. Applications for leave to appeal and post-conviction motions are governed by their own deadlines. Contact Skinner Law Office immediately after sentencing to protect your rights.
While Skinner Law Office is best known for criminal appellate work, the firm also represents clients in civil appeals across Michigan. Civil appeals arise when a party believes that a trial court made a legal error that affected the outcome of a civil case — including contract disputes, property disputes, personal injury verdicts, and family law matters.
Civil appeals are governed by the same Michigan Court Rules as criminal appeals, and they require the same careful record review and brief-writing discipline. Attorney Skinner has particular experience with complex divorce appeals, where the intersection of property division, custody determinations, and support calculations can give rise to multiple appellate issues.
If you received an adverse judgment in a Michigan civil case and believe that legal errors affected the outcome, contact Skinner Law Office to discuss whether an appeal is a viable option.
Federal habeas corpus is one of the most powerful — and most technically demanding — forms of post-conviction relief available in the American legal system. When a Michigan prisoner has exhausted state court remedies and continues to be held in violation of the U.S. Constitution or federal law, a petition for writ of habeas corpus filed in federal district court under 28 U.S.C. § 2254 may be the final avenue for relief.
Habeas corpus proceedings are governed by the Antiterrorism and Effective Death Penalty Act (AEDPA), which imposes a strict one-year statute of limitations and requires that constitutional claims be exhausted in state court before they can be raised federally. The federal court applies a deferential standard of review — meaning it will not simply second-guess a state court's legal conclusions, but will look for unreasonable applications of clearly established federal law or unreasonable determinations of fact.
Navigating this complex procedural landscape requires an attorney with both state appellate experience and federal court knowledge. Attorney Skinner has both. He is admitted to practice in the U.S. District Courts for the Eastern and Western Districts of Michigan and the Sixth Circuit Court of Appeals, and he has experience identifying the constitutional claims most likely to succeed in federal habeas proceedings.
Common bases for federal habeas relief include:
- Ineffective assistance of trial counsel under Strickland v. Washington
- Brady violations — failure to disclose material exculpatory or impeachment evidence
- Fourth Amendment violations where the exclusionary rule was not applied
- Due process violations, including insufficient evidence claims under Jackson v. Virginia
- Sixth Amendment Confrontation Clause violations
- Juror misconduct or bias
- Actual innocence as a gateway to otherwise procedurally defaulted claims
In addition to state court appellate work, Skinner Law Office handles appeals in the federal court system. Federal criminal cases are governed by the Federal Rules of Appellate Procedure and the specific rules of each circuit court. Attorney Skinner is admitted to the Sixth Circuit Court of Appeals, which covers Michigan, Ohio, Kentucky, and Tennessee, and he has experience constructing federal appellate arguments in that court.
Federal appeals may involve challenges to convictions in U.S. District Court, appeals of federal sentences under the U.S. Sentencing Guidelines, and petitions for certiorari to the United States Supreme Court in extraordinary cases. Attorney Skinner's admission to the U.S. Supreme Court ensures that clients have access to representation at every level of the federal judicial hierarchy.
For clients who have exhausted traditional appellate options or who are not eligible to appeal, Skinner Law Office offers strategic guidance and representation in expungement proceedings, pardon applications, and commutation petitions. Each of these remedies serves a different purpose and is governed by its own procedural requirements.
Expungements: Michigan's Clean Slate Act expanded expungement eligibility significantly. Depending on the offense and the amount of time that has passed since conviction or release, many Michigan residents may now be eligible to have their criminal records cleared. Attorney Skinner can evaluate your eligibility, prepare the application, and represent you at any required hearing.
Pardons: A pardon is an act of executive clemency granted by the Governor of Michigan that forgives a criminal offense. A pardon does not erase the conviction from the record, but it restores certain rights and may carry significant practical benefits for employment, housing, and licensing. Attorney Skinner can assist with the preparation of a persuasive pardon application to the Michigan Parole and Commutation Board.
Commutations: A commutation reduces a prison sentence without eliminating the underlying conviction. It is another form of executive clemency that may be available to long-term prisoners who have demonstrated rehabilitation, pose no public safety risk, and present compelling circumstances for relief. Attorney Skinner has experience identifying the strongest arguments for commutation and presenting them effectively to the Board.
Take the Next Step in Your Appeal
Don’t try to navigate the complexities of appellate law with an inexperienced attorney. Schedule your case review today with Michael Skinner personally and get clear, strategic guidance tailored to your unique situation.
Frequently Asked Questions — Skinner Law Office Services
The first step is to contact Skinner Law Office as quickly as possible — ideally within days of sentencing. Attorney Skinner will conduct a case evaluation, review the basic facts of your case, and advise you on whether viable grounds for appeal exist. He will explain the relevant deadlines, outline the appellate process, and discuss what the appeal would involve in terms of time and cost. Early contact is critical because appeal deadlines are strict and the consequences of missing them can be severe.
In Michigan, a defendant in a criminal case generally has the right to one direct appeal as of right to the Michigan Court of Appeals, provided the claim is filed within 42 days of sentencing. This means the Court of Appeals must hear the appeal — it cannot simply decline to consider it. An application for leave to appeal, by contrast, is a discretionary request: the court can choose whether or not to grant it. Applications for leave are typically used when the appeal as of right deadline has been missed, or when appealing to the Michigan Supreme Court (which accepts only discretionary cases).
The timeline for a Michigan criminal appeal varies depending on the complexity of the case, the length of the trial record, and the court's current docket. In the Michigan Court of Appeals, a typical appeal from the filing of the claim of appeal to a final decision can take anywhere from 12 to 24 months. Federal habeas corpus proceedings often take longer. Attorney Skinner will provide a realistic timeline estimate during the case evaluation based on the specifics of your case.
Yes, in certain circumstances. A defendant who pleads guilty generally gives up the right to appeal the conviction itself, but may still appeal sentencing errors, claim that the plea was not knowing and voluntary, or argue that trial counsel was ineffective in advising them to plead guilty. The right to appeal a guilty plea is more limited than the right to appeal a conviction after trial, but it is not nonexistent. Attorney Skinner can evaluate the specific circumstances of your plea to determine what appeal rights, if any, remain available.
A Ginther hearing — named for the Michigan Supreme Court's decision in People v. Ginther — is an evidentiary hearing conducted in the trial court to develop a factual record supporting a claim of ineffective assistance of trial counsel. Because claims of ineffective assistance often depend on facts outside the trial record (such as what investigation the attorney did or did not conduct), a Ginther hearing allows the defendant to present testimony and evidence about those matters. Requesting a Ginther hearing at the right stage of the appellate process is a critical strategic decision, and Attorney Skinner has experience identifying when and how to pursue one.
AEDPA stands for the Antiterrorism and Effective Death Penalty Act of 1996. It is the federal statute that governs habeas corpus petitions by state prisoners. AEDPA imposes a strict one-year statute of limitations on federal habeas petitions, generally running from the date the conviction became final on direct appeal. It also requires that constitutional claims be exhausted in state court before they can be raised in federal court, and it directs federal courts to defer to state court legal conclusions unless those conclusions were an unreasonable application of clearly established U.S. Supreme Court precedent. These rules make habeas corpus a technically demanding proceeding where experienced counsel is essential.
Michigan's Clean Slate Act, which took effect in 2021 and 2023, significantly expanded expungement eligibility. Many offenses — including certain felonies — can now be expunged after a waiting period following completion of sentence. However, certain offenses remain ineligible, including most serious crimes involving violence or sex offenses requiring registration. The eligibility analysis is case-specific and depends on the nature of the conviction, the number of convictions, and the time elapsed. Contact Skinner Law Office for an individual evaluation of your expungement eligibility.
Oral argument in the Michigan Court of Appeals is typically 15 to 30 minutes per side, during which the attorney presents the key arguments from the appellate brief and answers questions from the three-judge panel. The judges are often well-prepared and will challenge arguments they find unconvincing or seek clarification on complex legal points. Attorney Skinner prepares thoroughly for oral argument, anticipating the panel's questions and framing the core issues in a way that is both legally sound and persuasive. Not every appeal results in oral argument — sometimes the court decides on the briefs alone — but when argument is available, it is an important opportunity to advocate directly for your client.