Monroe Appeals & Post-Conviction Lawyer

At Grabel & Associates, we have spent over two decades persuading Michigan’s appellate courts to correct injustices that occur in courtrooms across Monroe County and the state of Michigan. As trusted appeals and post-conviction lawyers, we combine deep familiarity with the 38th Circuit Court in Monroe with our extensive experience in the Michigan Court of Appeals, along with the sophisticated research, writing, and oral advocacy skills necessary to win anywhere in Michigan.

When a conviction or sentence threatens your freedom, our Monroe criminal defense lawyer moves quickly, marshals every procedural tool at our disposal, and tells our client’s story in a compelling, record-based manner that appellate judges need if they are going to rule in your favor.

Why Immediate Appellate Action Matters After a Monroe Conviction

Time is the single greatest enemy of a successful appeal. In Michigan, you generally have 42 days after the judgment of sentence to file a Claim of Appeal if you went to trial and six months to file an Application for Leave to Appeal if you pleaded guilty or no contest. Missing those windows almost always forfeits your ability to appeal. Our team opens the file within hours, orders transcripts immediately, and stops the appellate clock before it even begins to run out.

We also advise clients on post-judgment motions, such as requesting a new trial under MCR 6.431 or resentencing under MCR 6.429, as filing these motions can preserve issues and extend appellate deadlines that prior lawyers might have overlooked.

How Do Criminal Appeals Work in Monroe County, MI?

• Direct Appeal of Right. A felony conviction after trial carries an automatic right to appeal to the Michigan Court of Appeals. We file the Claim of Appeal, the order for transcripts, appearance notices, and the appellate bond motion, often within a week of being retained, so the clerk can assemble the record and certify it for appeal. Once the record is filed, the appellant’s brief is usually due 56 days after the transcript was filed. In some cases, other deadlines apply, so relying on experienced appellate counsel who understands the rules and exceptions is crucial.
• Application for Leave to Appeal. If the case is resolved by plea or you otherwise forfeit your right to a direct appeal, the proper vehicle is an Application for Leave to Appeal under MCR 7.205(A). Usually, an Application for Leave to Appeal is due within six months after the entry of judgment. In some instances, however, you only have 42 days from the specific order date. Regardless of the deadline, we prepare a persuasive application, identify meritorious issues for appeal, and attach critical record excerpts so that the three-judge screening panel immediately recognizes the error in your case.

How Long Does Filing a Criminal Appeal in Monroe take?

In most criminal cases, there are three main deadlines you cannot miss:

• Claim of Appeal: 42 days from sentencing (MCR 7.204(A)(2))
• Application for Leave: Six months from sentencing (MCR 7.205(A)(2))
• Appellant’s Brief (Appeal of Right): 56 days after the record is filed, unless extended (MCR 7.212(A)(1))

We calendar every due date in duplicate, file all briefs electronically through MiFILE, and hand-deliver courtesy copies to the Court of Appeals Clerk’s Office in Detroit, which hears most Monroe County appeals.

How Does the Michigan Court Evaluate a Criminal Appeal?

Understanding the lens through which Court of Appeals panels evaluate each argument is half the battle on appeal. We frame every claim around the controlling standard:

• De Novo Review for constitutional and statutory interpretation
• Abuse of Discretion for evidentiary or sentencing rulings
• Clear Error for factual findings
• Plain-Error Review for unpreserved issues, requiring us to prove not only an error and that it was an obvious one, but also that the error impacted the outcome of your case

We painstakingly match each argument to the proper standard and weave favorable precedent into a narrative that explains, in a way that is easy for appellate judges to understand, why the error in your case was not harmless and warrants reversal.

Building a Persuasive Record for Appeal

Appeals rise or fall on the trial court record. That is why we involve appellate counsel early, even during trial, to preserve objections and record evidence that should have been admitted but was not. After a conviction, we scour the transcripts for what we know wins appeals:

• Sidebar conferences where objections were muted or rushed
• Pre-trial motion hearings that shaped the admissible evidence at trial
• Jury-instruction conferences and polling
• The sentencing allocution was inaccurate

If the record is incomplete, we move under MCR 7.210 to settle or correct it, ensuring that the panel sees every detail in your case. As your appeals and post-conviction lawyer, we make sure no detail is overlooked.

Common Grounds We Argue on Appeal

• Ineffective Assistance of Counsel: We litigate Ginther hearings when necessary to elicit the missing evidence demonstrating your trial counsel’s deficient performance and prejudice.
• Evidentiary Error: Whether it is improperly admitted Rule 404(b) “other acts” testimony, speculative expert opinions, or incriminating testimony in violation of the Confrontation Clause, we connect the error to the verdict’s reliability in a straightforward way.
• Prosecutorial Misconduct: We challenge impermissible witness vouching, inappropriate arguments about the burden of proof, and inflammatory statements, tying them to violations of your due process right to a fair trial.
• Sentencing Error: Michigan’s advisory sentencing guidelines remain subject to review for accuracy and reasonableness. We can also use recent changes in the law to challenge illegal sentences at any time, a tool crucial for our Monroe clients.
• Newly Discovered Evidence: Advances in forensic science can undercut trial testimony used to convict you. MCR 6.502(G)(3) now expressly recognizes shifts in scientific consensus as “new evidence,” opening the door to relief even years after the appeal window closes.

Post-Conviction Remedies Beyond a Direct Appeal

• Motions for a New Trial or Resentencing. A motion for a new trial and a motion for resentencing are both post-trial motions that, when filed in conjunction with an appeal, implicate various court rules and deadlines. You could file these motions between 21 and 56 days. However, deciding how many days apply to you and when that timeline starts is best done by an experienced attorney with years of experience determining client deadlines.
• Motion for Relief from Judgment (MCR 6.500). After the appeal is exhausted, or when the client has lost the right to appeal, a Motion for Relief from Judgment under MCR 6.500 is the primary state-court post-conviction remedy. We must show good cause for failing to raise the issue earlier and actual prejudice. Our firm excels at meeting the good cause test through newly discovered evidence, retroactive constitutional decisions, or establishing that prior appellate counsel’s performance fell below the level of ineffective assistance.
• Federal Habeas Corpus Relief. Once state remedies are finished, we can petition for a writ of habeas corpus under 28 U.S.C. § 2254 in the U.S. District Court for the Eastern District of Michigan. The Antiterrorism and Effective Death Penalty Act (AEDPA) imposes a one-year statute of limitations, which is tolled while state post-conviction proceedings are pending. Based on our extensive experience filing these petitions, we know how to satisfy AEDPA’s exhaustion and merit requirements.

What Happens After a Criminal Appeal Has Been Filed?

If you prevail on appeal, there are five typical outcomes:

• Reversal: The conviction is set aside, and the charges may be dismissed or relitigated.
• New Trial: The case returns to Monroe’s 38th Circuit Court for a retrial without the errors that occurred during the first trial.
• Resentencing: The conviction stands, but the sentence is vacated. We advocate for a lower guideline range or probationary sentence at a new sentencing hearing.
• Remand for Evidentiary Hearing: Often, in ineffective-assistance appeals, an evidentiary hearing is held to build the factual record and secure a later reversal.
• Affirmance: If the Court of Appeals affirms your conviction and sentence, we will promptly proceed to file a petition for 6.500 or file a federal habeas petition with the Michigan Supreme Court, ensuring that no deadlines are missed.

Our Monroe appeals and post-conviction lawyers' approach keeps every post-judgment avenue open until justice is achieved.

Why Choose Grabel & Associates for Your Monroe Appeal

Our appellate unit is led by attorneys who have argued hundreds of cases before the Michigan Court of Appeals and the Michigan Supreme Court. We field-test persuasive theories in mock panels, incorporate the latest 2025 rule changes into every brief, and maintain a digital brief bank that allows us to drop the best precedent into your case within minutes. As we regularly appear in Monroe County, at Grabel & Associates, we are familiar with the local judiciary, the Monroe County Prosecutor’s Office, and the intricacies of the 38th Circuit Court’s administrative orders.

We also invest in client communication. We provide a written roadmap that explains each appellate stage, send automatic deadline reminders, and offer clients secure portal access to every filing. You will never wonder where your case stands.

Local Insight: Practicing in the 38th Circuit Court, Court of Appeals, and Supreme Court

Appeals originating in Monroe are perfected in the historic Monroe County Courthouse at 106 E. First Street. Once the record is settled, cases move to the Michigan Court of Appeals—almost always in the Court’s Detroit Office in Cadillac Place. Oral arguments are often scheduled on the Detroit calendar, but the panel occasionally sits in Ann Arbor or Lansing in special situations. We know how to request video arguments, tailor presentations for judges familiar with Monroe’s juror pool, and coordinate with family members who want to attend the argument to support you.

Get in Touch With a Criminal Defense Lawyer to Help With Your Appeal

The clock is ticking the moment the judge sentences you. Call Grabel & Associates at 1-800-342-7896 or complete our confidential online form for a free case evaluation 24/7. We will review your judgment and sentencing documents, identify every viable issue for appeal, and file the papers that keep your appeal alive, because in Monroe, Michigan, one missed deadline can cost you everything.

Our reputation for relentless advocacy, meticulous legal research, and courtroom excellence has made us Michigan’s premier criminal appeals firm. Let us put that experience to work for you and ensure that a single error does not define the rest of your life.