When a criminal case doesn’t end at trial, it may move to a higher court for review. This next step occurs in what’s called an appellate court—a fundamentally different legal venue than a trial court. Unlike a trial court, which hears evidence and determines facts, appellate courts examine what happened at trial to determine if the law was applied correctly and fairly. In other words, appellate courts do not retry cases—they review them.

If you or a loved one has been convicted of a serious crime, an appeal may offer a path forward—but it is a narrow one. Success requires an appellate lawyer who can demonstrate that a legal error occurred and that it had a meaningful impact on the outcome of your case.

How Appellate Courts Function

Appellate courts essentially function as legal quality-control systems. They assess whether the trial court made mistakes in interpreting or applying the law. These errors may involve jury instructions, rulings on evidence, sentencing issues, or constitutional violations. The job of an appellate attorney is to identify these errors in the written record of the trial and argue—through briefs and oral argument—that the error affected the outcome and deserves correction.

Unlike a jury trial, appellate hearings do not involve witnesses or the presentation of new evidence.. Instead, they are highly analytical reviews of the trial record. The focus is on how the law was applied and whether an individual received a fair trial, not on whether the person is guilty or innocent in a factual sense. The burden is on the appellant to show that a material mistake occurred.

What Makes an Effective Appellate Lawyer?

Appellate practice is not merely trial work revisited—it is a separate skill set entirely. A successful appellate lawyer must be:

• A strategic thinker, who can identify and decide which issues to raise—and which to leave out
• An exacting researcher who understands the nuances of both statutory and constitutional law
• A superb writer, capable of structuring persuasive legal arguments for the appellate court
• A confident speaker who can present arguments in a clear, composed manner while being questioned by multiple judges

At Blau | Hynson, our attorneys are deeply experienced in the appellate process. We handle cases before both the North Carolina Court of Appeals and the North Carolina Supreme Court, as well as in the federal Fourth Circuit Court of Appeals. We work with clients who have exhausted other avenues, offering a last chance at relief—or vindication—when the stakes are highest.

Key Takeaways

• Appellate courts review legal errors from trial court proceedings—not factual disputes.
  A successful appeal requires deep legal knowledge and persuasive written argument.
  Oral arguments involve being questioned by a panel of judges, not presenting new evidence.
  Only certain issues can be appealed—and timing is critical.
  The right appellate lawyer can help shape the law itself through well-argued cases.

Ready to Pursue an Appeal?

If you’re considering an appeal in a criminal matter, the road ahead is complex and high-stakes. Our team focuses exclusively on criminal appeals and post-conviction relief, and we accept only a select number of cases each year. Contact Blau | Hynson for a confidential evaluation of your case and your options.