If you or a family member has lost a criminal case in the Michigan Court of Appeals, the case may not necessarily be over. A defendant may be able to ask the Michigan Supreme Court to review the decision by filing an application for leave to appeal. But the Michigan Supreme Court does not have to accept the case, the filing deadline is strict, and obtaining review requires much more than simply arguing that the lower courts reached the wrong result.

A successful Michigan Supreme Court criminal appeal requires counsel to identify the strongest legal issues, analyze the existing appellate record, understand why the Court of Appeals ruled as it did, and explain why the case satisfies the Michigan Supreme Court’s standards for discretionary review.

For defendants and their families, this stage of the appellate process can be especially important. In many cases, it represents the last opportunity to obtain relief through Michigan’s ordinary state appellate process.

This guide explains how a Michigan Supreme Court criminal appeal works (additional information on the Michigan criminal appeal process), the applicable deadlines, what the Court considers when deciding whether to take a case, what happens after an application is filed, and why experienced appellate representation can matter.

What Is a Michigan Supreme Court Criminal Appeal?

The Michigan Supreme Court is Michigan’s highest state court.

Most criminal cases do not begin there. Learn more about the criminal appeal process.

A typical felony criminal case begins in the circuit court. After conviction and sentencing, an eligible defendant may pursue an appeal in the Michigan Court of Appeals. Other cases—including many plea-based appeals and certain post-conviction matters—may reach the Court of Appeals through an application for leave to appeal.

After the Court of Appeals decides the case, a defendant may seek review in the Michigan Supreme Court.

But there is a fundamental difference between the two stages.

For certain Court of Appeals proceedings, a defendant has an appeal of right. Michigan Supreme Court review, by contrast, is ordinarily discretionary.

Under MCR 7.303(B)(1), the Michigan Supreme Court has discretionary appellate jurisdiction over decisions of the Michigan Court of Appeals.

The procedure for requesting that review is primarily governed by MCR 7.305, which addresses applications for leave to appeal.

That means the Supreme Court decides which cases warrant its attention.

This is why a Michigan Supreme Court application should not simply be treated as another version of the brief previously filed in the Court of Appeals.

The application has a different strategic purpose:

It must persuade the justices that the case deserves Supreme Court review.

Can I Appeal My Criminal Case to the Michigan Supreme Court?

Potentially, yes.

A defendant may seek Michigan Supreme Court review after various Court of Appeals decisions, including circumstances in which the Court of Appeals:

affirmed a criminal conviction;
affirmed a sentence;
rejected a constitutional claim;
rejected an ineffective-assistance-of-counsel claim;
rejected a prosecutorial-misconduct claim;
denied an application for leave to appeal;
affirmed the denial of post-conviction relief;
rejected a challenge arising from a guilty or no-contest plea; or
otherwise entered an adverse decision in the defendant’s criminal appellate proceeding.

But the fact that an application can be filed does not mean the Supreme Court will hear the case.

That distinction is critical.

The Michigan Supreme Court Does Not Hear Every Criminal Appeal

One of the first questions potential clients ask is:

“If we file the appeal, does the Supreme Court have to hear it?”

Generally, no.

The Michigan Supreme Court chooses which cases it will review.

This means there are really two levels of persuasion in a Michigan Supreme Court criminal appeal.

First, the application must demonstrate that the lower court committed a significant legal error.

Second, it must demonstrate why the Michigan Supreme Court should exercise its discretionary authority to address that error.

Those are related questions, but they are not identical.

A defendant might have a serious argument that the Court of Appeals reached the wrong result. But if the application does not explain why the case satisfies the Supreme Court’s criteria for review, the application can still be denied.

That is why Supreme Court advocacy requires careful framing.

What Does the Michigan Supreme Court Look for When Deciding Whether to Hear a Criminal Case?

MCR 7.305(B) identifies the grounds that can support Supreme Court review.

Several are particularly important in criminal appeals.

1. The Case Involves a Legal Principle of Major Significance

Some cases present legal questions that extend beyond one defendant.

For example, an appeal may involve:

interpretation of a criminal statute;
the proper constitutional standard governing police conduct;
the meaning of a sentencing rule;
the admissibility of a particular category of evidence;
the proper standard for evaluating ineffective assistance of counsel;
the interpretation of a Michigan Court Rule; or
an issue that repeatedly arises in Michigan criminal prosecutions.

A case potentially affecting many future defendants may present a stronger reason for Supreme Court review than a dispute that is entirely dependent on unusual facts.

The application therefore should explain not only what happened to this defendant, but also why resolution of the legal issue matters to Michigan law.

2. The Court of Appeals Decision May Be Clearly Erroneous and Cause Material Injustice

This can be particularly important in criminal cases. Learn how to file a Michigan criminal appeal.

A legal mistake can have extraordinary consequences.

A defendant may be:

serving a prison sentence;
living with a felony conviction;
facing sex-offender registration consequences;
suffering employment or licensing consequences;
separated from family;
subject to probation or parole restrictions; or
facing other significant consequences resulting from the conviction.

But appellate advocacy requires more than showing that the consequences are severe.

The attorney must connect those consequences to an identifiable legal error.

The application should explain precisely:

What legal rule should have controlled?

What did the Court of Appeals do instead?

Why was that analysis erroneous?

How did the error affect the outcome?

What relief should result if the Supreme Court agrees?

That is considerably more persuasive than simply asserting that the result was unfair.

3. The Court of Appeals Decision Conflicts With Existing Michigan Law

A particularly important basis for Supreme Court review can arise when the Court of Appeals’ decision conflicts with precedent.

For example, an attorney reviewing a case might discover that the Court of Appeals:

interpreted a Michigan Supreme Court decision too narrowly;
applied a rule differently from another Court of Appeals panel;
used an incorrect standard of review;
failed to follow controlling precedent; or
created tension between existing appellate decisions.

Conflicting appellate authority creates uncertainty.

The Michigan Supreme Court has an institutional interest in maintaining consistency in Michigan law.

That means identifying the conflict clearly can be extremely important.

A strong application should not simply cite numerous cases.

It should explain exactly how the decisions conflict and why that conflict matters.

4. The Case Presents an Important Constitutional Question

Criminal prosecutions frequently involve constitutional protections.

Depending on the case, a Michigan Supreme Court criminal appeal could involve:

the right to counsel;
ineffective assistance of counsel;
due process;
confrontation rights;
unlawful searches and seizures;
involuntary statements or confessions;
the right to present a defense;
double jeopardy;
jury-trial rights; or
other state or federal constitutional protections.

Not every constitutional claim automatically warrants Supreme Court review.

The challenge is demonstrating that the constitutional issue was properly presented, legally significant, supported by the record, and capable of affecting the judgment.

What Is the Deadline to File a Michigan Supreme Court Criminal Appeal?

This is one of the most important practical issues.

Under MCR 7.305(C)(2), the general filing deadline in a criminal case following a Court of Appeals decision is 56 days from the applicable triggering event identified in the rule.

Depending on the procedural history, the deadline may run from a Court of Appeals opinion or order, an order denying an application for leave to appeal, or an order resolving a timely motion for reconsideration.

Other appellate deadlines can be equally important. See our complete guide to Michigan criminal appeal deadlines.

The important point is simple:

Do not wait 56 days to begin looking for an appellate attorney.

The attorney needs time to obtain and review the relevant materials, research the issues, evaluate preservation, determine which arguments are strongest, draft the application, and prepare the required supporting documents.

If a defendant waits until the deadline is approaching, counsel may have far less time to perform the detailed analysis that a Supreme Court application deserves.

If the Court of Appeals has just entered an adverse decision, contacting appellate counsel promptly is usually the better approach.

What Should I Give an Attorney to Review My Michigan Supreme Court Appeal?

A useful initial appellate review may include:

the Court of Appeals opinion or order;
the Court of Appeals briefs;
the application for leave to appeal, if the case reached the Court of Appeals by application;
the trial court’s relevant orders;
transcripts;
the presentence investigation report when sentencing is involved;
relevant motions and responses;
exhibits;
the judgment of sentence;
prior appellate orders;
motions for reconsideration; and
other portions of the record relevant to the potential appellate issues.

Families sometimes focus almost entirely on transcripts.

Transcripts are important, but an appellate attorney may need much more.

The procedural history can be critical because appellate courts consider questions involving preservation, standards of review, harmless error, waiver, forfeiture, jurisdiction, and the relief that is legally available.

What Does an Appellate Attorney Look for When Reviewing the Case?

A serious Supreme Court review should go beyond asking whether the defendant disagrees with the outcome.

Counsel may examine questions such as:

Was the issue preserved?

Did trial counsel object?

If not, what standard applies?

Does the failure to object create a separate ineffective-assistance argument?

What standard of review applies?

Some issues are reviewed de novo.

Others may involve abuse-of-discretion review, clear-error review, or more restrictive standards.

The standard of review can significantly affect how an appellate argument should be presented.

What did the Court of Appeals actually decide?

Sometimes the strongest Supreme Court argument is not merely the original trial error.

It is the reasoning used by the Court of Appeals to reject the claim.

An appellate attorney should carefully analyze that reasoning.

Is there conflicting authority?

Research may reveal tension between the Court of Appeals’ decision and another published opinion or Michigan Supreme Court precedent.

Is the issue broader than this particular defendant?

If the same question can recur throughout Michigan courts, that may strengthen the argument for Supreme Court review.

Did the error affect the outcome?

An appellate court generally cares not only whether an error occurred, but whether the error justifies appellate relief.

What remedy should be requested?

Depending on the issue, counsel might seek a new trial, resentencing, withdrawal of a plea, reversal of a particular ruling, remand for additional proceedings, or another legally appropriate remedy.

Why the Supreme Court Application Should Not Simply Copy the Court of Appeals Brief

This is an important point.

The Court of Appeals brief was written for the Court of Appeals.

A Michigan Supreme Court application is written for the Michigan Supreme Court.

The difference matters.

Suppose the Court of Appeals rejected an argument concerning the interpretation of a criminal statute.

The Supreme Court application may need to explain not only why that interpretation was incorrect, but also why:

the issue will recur;
the decision affects other Michigan cases;
the decision conflicts with precedent;
lower courts need guidance;
the Court of Appeals’ reasoning creates an undesirable or legally unsupported rule; or
leaving the decision undisturbed would cause material injustice.

The strongest Supreme Court application therefore often reframes the case around the reason Supreme Court intervention is necessary.

Issue Selection Can Determine the Strength of the Application

Defendants sometimes believe that more arguments make an appeal stronger.

That is not necessarily true.

Imagine a case where counsel identifies eight conceivable appellate issues.

Two may be extremely strong.

Three may be reasonable but unlikely to result in relief.

Three may be weak.

Including every conceivable argument can consume valuable space and distract attention from the issues most likely to interest the Court.

Effective appellate advocacy often requires restraint.

The question is not:

“How many arguments can we make?”

It is:

“Which arguments give this defendant the strongest path to relief?”

A focused application built around one or two significant legal errors can sometimes be considerably more persuasive than an application containing numerous marginal claims.

What Must Be Included in a Michigan Supreme Court Application for Leave to Appeal?

MCR 7.305 establishes detailed filing requirements.

Depending upon the circumstances, the application generally must contain or be accompanied by materials addressing:

the judgment or order being appealed;
the questions presented;
the relevant procedural history;
the relevant facts;
supporting legal argument;
the basis for Supreme Court jurisdiction and review;
the specific grounds under MCR 7.305(B);
the relief requested;
relevant lower-court decisions and orders; and
other materials required by the Michigan Court Rules.

Compliance matters.

A persuasive argument is essential, but appellate practice also requires procedural precision.

What Happens After the Application Is Filed?

A common misconception is that filing a Supreme Court application automatically produces oral argument before the seven justices.

It does not.

The Court first considers the application.

Under MCR 7.305, the Court has several options.

The Court Can Deny Leave

The Supreme Court may decline to review the case.

A denial does not necessarily mean that the justices determined every argument was substantively incorrect. Because Supreme Court review is discretionary, denial can simply mean that the Court declined to exercise its authority to review the case.

The Court Can Grant Leave to Appeal

If leave is granted, the case proceeds before the Michigan Supreme Court under the Court’s applicable orders and rules. Learn more about an application for leave to appeal in criminal cases.

This is significant.

The case has moved from a request asking the Supreme Court to intervene into a matter the Court has chosen for further review.

The Court Can Order Argument on the Application

The Supreme Court can direct the parties to appear for oral argument on whether leave should be granted and on issues identified by the Court.

This can be an extremely important stage.

Counsel must be prepared for detailed questions about:

the record;
preservation;
precedent;
statutory language;
constitutional principles;
the consequences of adopting either side’s legal rule; and
the appropriate remedy.

The Court Can Take Other Action

The Michigan Court Rules also give the Supreme Court authority to take certain substantive action without following the traditional path of first granting leave and then proceeding through a conventional appeal.

That flexibility makes the initial application even more important.

What Happens If the Michigan Supreme Court Grants Leave?

If the Supreme Court grants leave, counsel must prepare for a different level of appellate advocacy.

The case may involve:

supplemental briefing;
extensive analysis of Michigan precedent;
examination of decisions from other jurisdictions;
constitutional analysis;
statutory interpretation;
preparation for oral argument; and
responses to difficult questions about the consequences of the proposed legal rule.

At this stage, the case is not simply about what happened to one defendant.

The justices may be considering what legal rule should govern future Michigan cases as well.

That is one of the fundamental differences between trial advocacy and Supreme Court advocacy.

What Is Oral Argument Before the Michigan Supreme Court Like?

When oral argument is ordered, counsel should expect active questioning.

Supreme Court argument is not simply an opportunity for the attorney to stand at a podium and read the brief.

The justices may test both sides of the proposed legal rule.

For example, counsel may be asked:

Where in the record was this issue preserved?

What Michigan case supports your interpretation?

How is your case distinguishable from the precedent relied upon by the Court of Appeals?

If we accept your argument, what rule should Michigan courts apply in future cases?

Where should the line be drawn?

What remedy are you asking this Court to order?

Preparation therefore requires more than knowing the defendant’s own argument.

Counsel should understand the opponent’s strongest position and be prepared to address the difficult implications of the rule being proposed.

Can the Michigan Supreme Court Reverse My Conviction?

Potentially.

The available relief depends on the nature of the error and the procedural posture of the case.

Depending on the circumstances, appellate relief could involve:

reversal of a conviction;
a new trial;
resentencing;
reconsideration under the correct legal standard;
withdrawal of a plea;
reinstatement or reconsideration of an appellate issue;
remand to the trial court;
further evidentiary proceedings; or
another appropriate remedy.

No appellate attorney can ethically guarantee that the Supreme Court will accept a case or grant relief.

The proper question is whether the record presents a legally supportable basis for Supreme Court review and whether that argument can be presented persuasively.

What If the Court of Appeals Only Issued an Order Denying Leave?

Do not automatically assume the case is finished.

Michigan Supreme Court review may still be available after a Court of Appeals order denying an application for leave to appeal.

This can be especially important in criminal matters involving:

guilty pleas;
sentencing challenges; Learn how to challenge a Michigan criminal sentence.
interlocutory applications;
post-conviction proceedings; and
other matters proceeding by leave rather than an appeal of right.

The Court of Appeals’ denial and the underlying application should be reviewed promptly to determine whether further appellate review is appropriate.

What If My Previous Attorney Already Lost the Appeal?

Another appellate loss does not automatically answer whether Supreme Court review should be sought.

New appellate counsel should independently evaluate the case.

That review can include asking:

Were the strongest issues selected?

Were they framed effectively?

Did the Court of Appeals misunderstand an argument?

Did the Court of Appeals create a new legal problem in its opinion?

Was important authority overlooked?

Does subsequent authority strengthen the argument?

Is there a conflict in Michigan law?

Did the Court of Appeals use the wrong legal standard?

Does the case now present a broader issue that warrants Supreme Court review?

The Supreme Court application should respond to the case as it exists after the Court of Appeals’ decision, rather than blindly repeating the previous briefing.

What If My Lawyer Failed to Preserve the Issue?

This is a complicated but important question.

Failure to object in the trial court can change the standard governing appellate review.

It does not necessarily mean that every possible claim disappears.

In some circumstances, counsel’s failure to object may itself raise questions concerning ineffective assistance of counsel.

But preservation issues can be highly technical.

The attorney must determine:

what happened in the trial court;
whether an objection was required;
whether the issue was waived or merely forfeited;
what standard of review applies;
whether an ineffective-assistance claim was properly developed; and
whether additional factual development is legally available.

This is another reason appellate cases should be evaluated from the actual record rather than from a summary of what happened.

How Long Does a Michigan Supreme Court Criminal Appeal Take?

There is no single timeline that applies to every case.

The time required depends on what the Supreme Court does with the application.

A case in which leave is denied follows a very different timeline from a case in which the Court orders argument on the application, requests additional briefing, or grants leave for full Supreme Court review.

Potential clients should therefore be cautious about anyone promising an exact timetable.

What can be controlled is the quality and timeliness of the application submitted on the defendant’s behalf.

How Much Does a Michigan Supreme Court Criminal Appeal Cost?

The cost of appellate representation depends heavily on the case.

Relevant factors can include:

the length of the trial;
the number of transcripts;
the complexity of the legal issues;
whether the case involved a plea or trial;
the size of the existing appellate record;
whether extensive additional research is required;
the number of potential issues;
whether oral argument is ordered; and
whether the Supreme Court grants leave and orders further briefing.

A short sentencing appeal and a multi-week felony trial involving numerous constitutional issues require very different amounts of attorney time.

For that reason, meaningful fee discussions often begin after counsel understands the scope of the record and the procedural history.

Questions Families Should Ask a Michigan Supreme Court Appeal Lawyer

When selecting appellate counsel, potential clients should consider asking:

How much of your practice involves criminal appeals?

Have you written applications for leave to appeal?

Have you argued criminal appellate cases?

How will you determine which issues should be raised?

Will you review the previous appellate briefs rather than simply reuse them?

Will you review the Court of Appeals’ reasoning for potential Supreme Court issues?

How do you determine whether a case satisfies MCR 7.305(B)?

Who will actually research and write the application?

These questions can help distinguish between an attorney who merely handles occasional appeals and counsel who understands appellate strategy.

Why Appellate Experience Matters

Criminal trial practice and appellate practice overlap, but they are not identical.

A trial lawyer focuses heavily on witnesses, exhibits, evidentiary objections, credibility, jury persuasion, and creating a record.

An appellate lawyer must take that completed record and identify reversible legal error. Learn about what it takes to be a successful appellate attorney.

Supreme Court advocacy adds another layer.

Counsel must explain why the issue is important enough for Michigan’s highest court to address.

That requires:

Record mastery.
The attorney needs to know what happened and where it appears in the record.

Legal research.
A promising issue may depend on tracing Michigan precedent across decades of cases.

Issue selection.
Weak arguments can distract from strong ones.

Analytical writing.
Complicated legal issues must be presented clearly and persuasively.

Strategic framing.
The application must show why the case fits the Supreme Court’s criteria for review.

Oral advocacy.
If argument is ordered, counsel must be able to defend the proposed legal rule under questioning from the justices.

These skills become especially important when a defendant may be approaching the end of the ordinary state appellate process. The skills are necessary when filing a Michigan Supreme Court criminal appeal.

Frequently Asked Questions About Michigan Supreme Court Criminal Appeals

How many days do I have to appeal to the Michigan Supreme Court?

The general deadline applicable to a criminal application following a Court of Appeals decision is 56 days under MCR 7.305(C)(2), subject to the particular procedural circumstances identified in the rule.

Can I appeal after losing in the Michigan Court of Appeals?

Yes, Supreme Court review may be sought after an adverse Court of Appeals decision, but the Michigan Supreme Court generally has discretion whether to accept the case.

Can I appeal after the Court of Appeals denies leave to appeal?

Potentially, yes. A Court of Appeals order denying an application for leave can be followed by a timely application seeking Michigan Supreme Court review.

Does filing an application mean the Supreme Court will hear oral argument?

No. Oral argument is not automatic.

Does the Supreme Court have to explain why it denied my application?

A denial of discretionary review should not be confused with a full merits opinion resolving every legal contention raised by the defendant.

Can new evidence be presented to the Michigan Supreme Court?

A Supreme Court appeal generally focuses on the existing lower-court record and legal issues properly before the Court. Claims requiring new evidence can present separate procedural questions and should be evaluated carefully by appellate counsel.

Can the Supreme Court order a new trial?

Depending on the legal error and procedural circumstances, appellate relief can potentially result in a new trial or other appropriate proceedings.

Can the Supreme Court change my sentence?

Sentencing issues can be reviewed in appropriate cases, and the available remedy depends upon the specific sentencing error.

Do I need a Michigan Supreme Court appeal attorney?

A defendant is not necessarily required in every circumstance to retain private counsel, but Supreme Court appellate practice is highly technical. Where the defendant’s conviction, liberty, or sentence is at stake, experienced appellate counsel can provide significant value in record review, issue selection, legal research, briefing, and oral advocacy.

The Court of Appeals Said No. That Does Not Automatically Mean Your Case Is Over.

For defendants and their families, losing in the Michigan Court of Appeals can be devastating.

Months—or sometimes years—may have already been spent fighting the conviction or sentence.

Then the Court of Appeals issues an opinion affirming the conviction or an order denying leave.

It is understandable to look at that decision and believe there is nowhere else to turn.

That conclusion should not be made without first determining whether a Michigan Supreme Court criminal appeal remains available.

The Supreme Court stage is different.

The question is no longer simply whether something went wrong in the trial court.

Counsel must examine whether the Court of Appeals itself made a significant legal error, whether the decision conflicts with precedent, whether the case presents an important issue of Michigan law, and whether the error has resulted in material injustice.

That analysis can reveal a very different appellate strategy.

Why Consider Czarnecki & Taylor for a Michigan Supreme Court Criminal Appeal?

At Czarnecki & Taylor PLLC, we understand that a Michigan Supreme Court criminal appeal cannot be approached like an ordinary criminal case. We are Michigan criminal appeal attorneys.

By the time a case reaches the Michigan Supreme Court, the defendant may already have been convicted, sentenced, and unsuccessful in the Michigan Court of Appeals.

Case study of a successful criminal appeal and what it takes to win.

There may be no witness left to cross-examine and no jury left to persuade.

The record, the law, and the quality of the appellate argument become the battlefield.

Attorney James Czarnecki has experience researching, briefing, and arguing criminal appellate matters. That experience includes examining complicated records, identifying appellate issues, developing legal arguments, and presenting those arguments in Michigan’s appellate courts.

That distinction matters. What makes a successful criminal appeal attorney?

A Supreme Court application should not be a recycled brief with a different court’s name placed on the cover.

It should be a carefully constructed argument explaining:

why the lower court was wrong;

why the error matters;

why the issue satisfies the standards for Supreme Court review; and

why the defendant is entitled to relief.

That is the approach a serious Michigan Supreme Court criminal appeal deserves.

Contact Czarnecki & Taylor Before the Supreme Court Deadline Expires

Why Choose James Czarnecki for Your Michigan Supreme Court Criminal Appeal?

When a criminal case reaches the Michigan Supreme Court, experience, strategy, and persuasive appellate writing matter. James Czarnecki brings substantial criminal-defense experience together with years of appellate briefing and oral advocacy. His appellate work includes significant criminal cases such as People v Gonzalez-Raymundo, which resulted in a published Court of Appeals decision addressing an important issue of Michigan law.

A Michigan Supreme Court application should never be treated as simply another filing or a recycled Court of Appeals brief. James approaches each case by examining the record, analyzing where the lower courts may have gone wrong, identifying the strongest issues, and developing a focused argument explaining why the Michigan Supreme Court should act.

If the Court of Appeals has rejected your case, do not assume the fight is over. The deadline for seeking Supreme Court review can come quickly, and this may be one of your final opportunities for relief in Michigan’s state courts. Contact Czarnecki & Taylor PLLC promptly to have James Czarnecki review your case and determine whether there is a viable path forward.

If you or a family member has received an unfavorable decision from the Michigan Court of Appeals, time matters.

The general criminal application deadline is measured in days, and preparing a strong application requires far more than completing a form.

The appellate record must be examined.

The Court of Appeals’ reasoning must be analyzed.

The strongest issues must be identified.

The governing precedent must be researched.

And the application must give Michigan’s highest court a compelling legal reason to take action.

Do not assume that losing in the Court of Appeals means the fight is over.

Contact Czarnecki & Taylor PLLC promptly to discuss whether a Michigan Supreme Court criminal appeal may be available.

When a conviction, sentence, freedom, and future are at stake, the final stages of an appeal deserve the same intensity—and often even greater precision—than the first.

The Michigan Court of Appeals may have had the last word so far. It does not necessarily have to be the final word.

Call CZARNECKI & TAYLOR at (586) 718-2345 or use the button below to send an email to discuss your case.

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This article is for general informational purposes and is not legal advice. Appellate deadlines and available remedies depend upon the procedural history and facts of each case. Reading this article does not create an attorney-client relationship.