QUESTIONS & ANSWERS
Frequently Asked Questions About Appeals
What are “standards of review,” and why do they matter?
Appellate court deference to a trial court’s decision is defined by the standard of review, which indicates the likelihood of an issue being successful on appeal. De novo review involves no deference, with the appellate court substituting its own judgment…
What if I lose my appeal—are there other options?
If your direct appeal concludes, several avenues may still be open. You might pursue a rehearing or discretionary review by a higher court, though strict deadlines apply. Beyond direct review, post-conviction remedies offer further options. These include a Motion for…
What can be appealed?
It’s important to note that factual disputes, such as determining who is credible or the true meaning of a witness’s statement, are rarely grounds for overturning a decision. Additionally, many arguments must have been preserved during the trial through timely…
Do I get to present new evidence on appeal?
No. Direct appeals are limited to the existing record. New evidence, recantations, or details of ineffective assistance of counsel that are not part of the record are generally addressed in post-conviction proceedings. Examples include a Motion for Appropriate Relief or…
How long does a criminal appeal take?
Appeals typically span several months to over a year, depending on factors such as transcript preparation, briefing schedules, court backlogs, and whether oral arguments are scheduled. The process begins with compiling transcripts and the record after a notice of appeal…
What does “no reversible error” mean?
When an appellate court affirms a conviction, it means that they found no reversible error in the original trial. In other words, any errors that may have occurred were deemed “harmless,” meaning they did not affect the outcome of the…
Frequently Asked Questions About Post Conviction Litigation
How do I start the process with your firm?
Start by completing our Post-Conviction Support Application. This application gathers essential information, including facts, dates, and documents, which allows us to evaluate the merit, timeliness, and potential remedies for your case. Please note that submitting this application does not establish…
How expensive is post-conviction work, and why?
Post-conviction litigation at Blau | Hynson is a resource-intensive process, and we are highly selective in the cases we accept to ensure each receives dedicated attention. Clients should anticipate costs for transcripts, record assembly, investigation, expert consultations/testing, and substantial briefing.…
How long do I have to file a post-conviction motion?
Understanding the time limits for post-conviction relief is crucial, as they can prevent even strong cases from being heard. Federal Cases (28 U.S.C. § 2255 Motions): Generally, a one-year deadline applies, starting from the date the judgment becomes final. Limited…
I lost my appeal—can post-conviction still help me?
Differences Between Direct Appeals and Post-Conviction Relief Direct appeals focus on legal errors evident in the trial record. Post-conviction proceedings, however, address claims that go beyond the trial record. These may include: Ineffective assistance of counsel Newly discovered evidence Undisclosed…
What is post-conviction relief?
Post-conviction relief involves challenging a conviction or sentence after a direct appeal (or if no appeal was filed). These challenges are typically based on constitutional violations, jurisdictional issues, or newly discovered evidence. In North Carolina, this process often takes the…
What counts as “newly discovered evidence”?
For evidence to be considered “new” in a legal context, it generally needs to meet specific criteria: it must not have been available at the original trial despite diligent effort, it must be material (not merely repetitive), and it must…
