What we look for in the file, why timing rules everything, and which remedies might apply.

Step One: The Record Tells the Story

Post-conviction work begins with documents, not opinions. We review the judgment, indictment, plea transcript (if any), trial transcripts, motions and rulings, jury instructions, exhibits, and sentencing materials. If there was an appeal, we study the briefs and the appellate opinion to see what was raised, preserved, or left open. We also look for discovery letters, expert reports, and any prior MAR or §2255 filings. This isn’t busywork; it’s how we identify issues that are legally cognizable, proveable, and capable of delivering meaningful relief.

Step Two: Timing Rules Everything

Even excellent issues can die on a deadline. North Carolina MARs have strict timeliness and procedural bars; federal §2255 petitions are constrained by a one-year limitations period with narrow tolling or “newly discovered evidence” exceptions. Successive petitions face additional hurdles. We map every relevant date—verdict, judgment, notice of appeal, mandate, prior collateral filings—to confirm whether a path remains. If a filing clock is about to expire, triage may focus first on preserving the claim, then on developing it.

Step Three: Facts Outside the Record

Many post-conviction claims (like ineffective assistance or newly discovered evidence) require proof that was not in the appellate record. We assess whether those facts can be developed through affidavits, investigator work, expert analysis, or lawful testing (including DNA or other scientific methods). We ask two questions: why wasn’t this available earlier with reasonable diligence, and would it likely change the result? If the answers are unclear, we will say so—and explain what development is realistically possible.

Step Four: Matching Issue to Remedy

Different problems require different tools. Trial-level legal errors that were preserved may suit a direct appeal; extra-record claims often fit a Motion for Appropriate Relief; federal convictions may call for a §2255 motion; some collateral consequences are addressed through expungements, registry removal, or resentencing pathways. We recommend the narrowest, strongest remedy that can deliver the relief that matters—vacatur, a new trial, a new sentencing, or targeted collateral relief.

Step Five: Resources and Fit

Post-conviction litigation is resource-intensive. Transcripts, record assembly, investigation, and expert work take time and funding. We accept only a small percentage of inquiries so we can devote the focus each case demands. When we decline, it is because the law, the timing, or the proof does not support a realistic chance of relief—not because we didn’t listen.

Ready for a Candid Review?

If you believe your conviction or sentence is legally or factually unsound, start with a record-based assessment. Submit our Post-Conviction Support Application or call (919) 256-3606. If there’s a path, we will map it. If not, you’ll get clear reasons and next-step guidance.

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Key Takeaways

• The record drives issue spotting; we verify what was preserved, raised, or left open.
• Deadlines control strategy; even strong claims fail if filings are late or successive.
• Extra-record claims need admissible proof, not narratives.
• We match issue to remedy (MAR, §2255, resentencing, collateral relief).
• Selective intake ensures focus, candor, and realistic outcomes.