QUESTIONS & ANSWERS
Frequently Asked Questions About Appeals
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…
Read MoreWhat 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…
Read MoreDo 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…
Read MoreWhat 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…
Read MoreWhat is a criminal appeal, and how is it different from a new trial?
An appeal is a legal review to determine whether the trial court made legal errors that affected the outcome of a criminal case by a court of higher jurisdiction. Appellate courts do not determine matters related to credibility, no new…
Read MoreHow 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…
Read MoreFrequently Asked Questions About Post Conviction Litigation
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…
Read MoreCan 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…
Read MoreWhat 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…
Read MoreHow 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.…
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