The Court of Appeals reached this holding even though:
- 85% of all applications are denied.
- The Court of Appeals employs standard language for leave denied "on the merits" of the grounds presented in all denials except those that arise from interlocutory appeals.
- Applicant undergo a different review process than appeals by right.
- Oral Argument is not permitted on Application, thus denying the attorney an opportunity to advocate for the case.
- The Court of Appeals does not have the trial court record when it decides an application, relying only on documents supplied by the Appellant.
- Applications are decided by 3 judges from single district while Appeals by right are decided by a random draw of 3 out of 27 judges of the Court.
Stay tuned to see if this case sparks the interest of the Michigan Supreme Court.
Labels: appeals, application for leave to appeal, Court of Appeals, Delayed Application, Lack of Merits, legal malpractice, michigan court of appeals, Muskegon County