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…
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…
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 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…
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…
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…
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 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…
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…
- « Previous
- 1
- 2
