QUESTIONS & ANSWERS
Frequently Asked Questions About Appeals
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 do I have to file a notice of appeal?
Appeals in North Carolina criminal cases often have short deadlines, typically 14 days from judgment for filing a notice of appeal. Federal timelines are equally strict. Missing this deadline can result in losing the right to direct appellate review. While…
What happens if I win my appeal?
When an appellate court issues an opinion, it may remand a case with specific instructions. The type of relief granted depends on the error identified. For instance, if a conviction is reversed due to a trial error, a new trial…
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…
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Frequently Asked Questions About Post Conviction Litigation
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…
Are recantations enough to win?
Recantations alone are rarely sufficient for post-conviction relief. Courts approach them cautiously due to their potential unreliability. For a recantation to support relief, it must be credible, corroborated, and material. This means independent evidence should confirm the new account, the…
Can I raise ineffective assistance of counsel?
Ineffective assistance of counsel claims are frequently raised in post-conviction proceedings because the supporting evidence often lies outside the trial record, encompassing what counsel knew, investigated, or advised. To succeed, these claims must satisfy a two-part test: Deficient Performance: Counsel’s…
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…
