QUESTIONS & ANSWERS
Frequently Asked Questions About Appeals
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 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…
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…
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…
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Frequently Asked Questions About Post Conviction Litigation
What relief can I get through post-conviction?
The type of relief available depends on the specific violation and the court involved. Common outcomes include: Vacatur: Counts may be vacated if there is insufficient or unlawful proof. New Trial: A new trial can be granted for fundamental errors…
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…
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.…
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…
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 documents do you need to evaluate my post-conviction request?
To expedite and ensure the accuracy of your post-conviction assessment, please provide a comprehensive file including the following: Core Case Documents: Judgment Indictment Plea transcript (if applicable) Trial transcripts Written motions and orders Jury instructions Exhibits Sentencing materials Appellate Documents…
