Justice Delayed: The Unethical Tactics Prosecutors Use to Drag Out Appeals

The right to appeal a conviction is one of the most fundamental protections in the American justice system. It is meant to serve as a safeguard; a second chance to correct errors, challenge unconstitutional actions, and ensure that justice is actually served. But when prosecutors weaponize procedural tactics to drag out or derail appeals, that constitutional promise becomes an illusion.

These deliberate delays are not only unethical; they should be illegal.

The Clock Is the State’s Best Friend

The appeals process is built on deadlines and procedural steps.

Prosecutors know the game better than anyone and some weaponize it. By filing late, requesting repeated extensions, or submitting incomplete responses that trigger further delays, they run out the clock on defendants’ hope for relief.

Every week the state stalls is another week a potentially innocent person or a non-violent individual sits behind bars, another month a family waits for closure, another year justice is denied. And because appellate courts are notoriously backlogged, even a minor delay on the prosecution’s part can stretch a case’s timeline from months to years.

They don’t care, because it’s not their time and money being wasted. Just everyone else’s.

Common Delay Tactics Prosecutors Use

1. Strategic Extensions

Prosecutors routinely request extensions for filing briefs, citing “workload” or “scheduling conflicts.” Courts often grant them without scrutiny, even when the defense is denied similar requests.

2. Withholding or “Losing” Records

Some prosecutors slow down appeals by delaying the transfer of trial records, transcripts, or exhibits, all necessary for the appellate process. Without them, defense counsel can’t proceed, and the clock keeps ticking.

And if you’re incarcerated in Michigan, you have zero representation or legal help between the Court of Appeals denying your case and the Michigan Supreme Court deciding if they want to take your case; a person without a law degree is forced by the state to fly blind for potentially years, and potentially lose their shot at appeal.

3. Last-Minute Filings

Filing documents at the eleventh hour forces defense attorneys to scramble and sometimes request their own extensions, further extending the process. It’s legal gamesmanship with real human costs.

4. Procedural Roadblocks

States sometimes exploit technicalities to reject or dismiss appeals outright, such as arguing a notice was filed a day late or improperly formatted, even when the delay was caused by their own obstruction.

5. Failure to Serve or Notify

Some prosecutors simply “forget” to serve the defendant with their appellate response, a tactic that can delay a reply brief or even prevent the defense from knowing what arguments they’re up against until it’s too late.

It’s a measure that intentionally infringes upon a person’s constitutional rights so prosecutors can protect their stats a little longer, or hope for case law that falls in their favor.

Why These Delays Are Unethical

Dragging out an appeal isn’t about pursuing justice; it’s about protecting a conviction at all costs. These tactics:

• Violate Due Process: The Constitution guarantees the right to a “speedy” and fair appeal. Strategic delays undermine that right.
• Undermine Trust: When prosecutors prioritize winning over justice, they erode public faith in the legal system.
• Perpetuate Injustice: Every day a wrongful conviction remains uncorrected is a day the real perpetrator may remain free, especially if they had tunnel vision during the case, or say, didn’t properly consider any one else, or they refuse to retest DNA, etc.
• Exploit Power Imbalances: Defendants, often indigent and incarcerated, have little recourse when the state chooses to slow-walk a case. The rich are literally incarcerating the poor.

Why This Should Be Illegal

There is nothing in most state statutes or ethical codes that explicitly prohibits prosecutors from delaying an appeal, even when it’s intentional. That has to change.

• Statutory Timelines: Legislatures should enact enforceable, mandatory deadlines for prosecutors, with sanctions for unjustified delays.
• Judicial Oversight: Courts must scrutinize extension requests more closely and deny them when they appear tactical rather than necessary.
• Ethical Accountability: Bar associations should treat intentional delay as prosecutorial misconduct, subject to discipline and disbarment.
• Transparency Requirements: Prosecutors’ offices should be required to publicly report their appellate timelines, revealing patterns of abuse.

Justice Demands Urgency

Appeals are not loopholes. They are the last line of defense against wrongful convictions and constitutional violations. Yet in courtroom after courtroom, prosecutors turn that safeguard into a weapon; not by arguing the merits of a case, but by running down the clock.

If prosecutors are truly worried about skewing their stats, perhaps they shouldn’t pursue cases that they know are inherently flawed in the first place. Anything less is intentional waste of taxpayer resources.

Justice delayed is justice denied. And when those delays are deliberate, they are more than unethical; they are an abuse of power. It’s time lawmakers, courts, and bar associations treat them that way.