Deadlines After a Conviction
MCR 7.204 — 42 days to claim an appeal of right after a criminal judgment
42 days. An appeal of right in a criminal case must be taken within 42 days after entry of the judgment or order appealed from; within 42 days after entry of an order denying a timely motion for the appointment of a lawyer; or within 42 days after entry of an order denying a timely motion for a new trial, for a directed verdict of acquittal, or to correct an invalid sentence. The time limit for an appeal of right is jurisdictional.
Who handles this in Michigan: State Bar of Michigan Lawyer Referral Service; and legal aid programs and the state offices, listed in the Michigan directory.
Entry. For these purposes, entry means the date a judgment or order is signed, or the date data entry of it is accomplished in the issuing court's register of actions.
Leave to appeal: six months, or 42 days. In a criminal case involving a final judgment or order, an application for leave to appeal filed on behalf of the defendant must be filed within the later of 6 months after entry of the judgment or order, or 42 days after one of the events the rule lists, among them an order appointing or denying appellate counsel and the filing of ordered transcripts, where the request was made within those 6 months.
Also jurisdictional. The time limit for an application for leave to appeal is jurisdictional too, and a defendant relying on one of the listed events provides a statement, with documentation, explaining how the application meets it.
A motion for relief from judgment, assigned counsel on appeal, a stay pending appeal, and federal habeas corpus run on rules and deadlines of their own and are not on this page. Whether a deadline has passed in a particular case is a question for a licensed Michigan attorney.