This morning, I did my routine check on a court docket for cases that I monitor. And today, the Michigan Supreme Court issued a highly significant order for one case in particular; one that doesn’t make headlines but absolutely reshapes the trajectory of justice in a criminal case.
Instead of denying the application for leave to appeal, the Court invoked MCR 7.305(D)(1). This rule allows the Court to:
“In lieu of granting leave to appeal, remand the case to the Court of Appeals for consideration as on leave granted.”
In plain language: the Court didn’t just keep the appeal alive — it ordered the Court of Appeals to fully hear it.
This is not routine. This is not procedural housekeeping.This is the Michigan Supreme Court signaling: “There are serious issues here that deserve a real appellate review.”
And boy is that a good feeling.
Why This Matters for Due Process
Appeals are often denied without explanation and petitions can be rejected with a single sentence. But a remand “as if leave were granted” forces the appellate system to slow down, look deeper, and take the arguments seriously.
This order does three major things:
1. It prevents a summary denial.
The Court of Appeals can’t brush this aside. They must engage with the full merits.
2. It signals that the legal or constitutional issues raised are substantial.
The Supreme Court doesn’t use this procedural tool lightly.
3. It ensures a more transparent appellate process.
A full review means written opinions, legal reasoning, and accountability.
This is not just a procedural victory; it’s a validation that the concerns raised were real, material, and worthy of judicial scrutiny.
A Win for Everyone Who Fights for Fairness
Cases like this aren’t won by one moment. They’re won through:
- months of dissecting records,
- refining arguments,
- building constitutional grounding,
- and pushing back against systems that often move too quickly past the details.
It took three years of injustice, blood, sweat, and tears to get here. I’m so incredibly proud to have contributed to the work on this appeal and co-written legal materials that helped bring these issues to the Court’s attention.
Justice doesn’t always arrive with a headline. Sometimes it comes in the form of a quiet, powerful order telling a lower court to take a second, closer, and fairer look.
What Happens Next
The case now returns to the Michigan Court of Appeals, which must:
- treat the application as if leave was granted,
- conduct a full review,
- and issue a substantive decision.
We’ll continue monitoring the docket, reviewing filings, and providing updates as this moves forward.
