QUESTIONS & ANSWERS
Frequently Asked Questions About Appeals
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…
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…
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 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…
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…
Frequently 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…
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…
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…
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