In some criminal matters, a conviction doesn’t necessarily mean your case is over. In the event you received an unfavorable outcome at trial, you may have the right to file an appeal — there are a number of grounds upon which a conviction may be overturned. If you believe a mistake was made at trial that affected the results of your case, it’s important to understand what the appellate process is and when it can be used in North Carolina.

What is an Appeal in a Criminal Case?

An appeal is not another trial. It is a request made by the defendant asking a higher court to review their case for specific errors that may have been made at the lower court level. Importantly, trial courts have considerable discretion when it comes to making decisions regarding criminal matters. If a judge or jury fails to decide an issue in a legally valid way, this may constitute abuse of discretion — and be grounds for an appeal. A case might also be appealed based on a Constitutional violation, a procedural error, or a legal error.

Under North Carolina law, some of the grounds upon which a criminal conviction can be appealed may include the following:

• The criminal court lacked subject matter jurisdiction
• Improper instructions were given to the jury
• There was insufficient evidence to convict the defendant as a matter of law
• The criminal pleading did not state the required elements of the crime
• The criminal conviction violates the U.S. Constitution or the state Constitution
• The court rendered a ruling that is contrary to the law
• Ineffective assistance of counsel

Other grounds for an appeal can include a trial court’s error in procedure when deciding a pretrial motion or a defendant’s motion for relief. A defendant may also appeal if the trial court erred in giving jury instructions or wrongfully denied a post-trial motion for relief. Notably, a defendant’s ability to appeal a guilty plea is much more limited than appealing a conviction at trial.

What is the Appellate Process?

The appellate process can be lengthy — and there are a number of steps that must be followed. First, the trial court must be provided with notice of the appeal within 14 days after the sentencing. This can be done orally in open court, or by filing a notice of appeal in writing. A transcript of the trial must then be prepared by a court reporter. In a capital case where the defendant has been sentenced to death, they have 180 days to prepare the transcript. In a non-capital case, the court reporter is given 90 days to prepare it, but a court may grant a 30-day extension.

Once the transcript has been obtained, the defendant must prepare a record on appeal that outlines the issues in the case that prevented them from getting a fair trial — and what the correct result should have been. A defendant has 45 days in a non-capital case and 70 days in a capital case to prepare the record on appeal. However, a court may grant an extension in some cases. The record on appeal is then served on the prosecutor who handled the trial. They have a limited amount of time to respond and can either agree to the record, object to parts of the record, or move to add information to the record.

After the record on appeal has been settled, it must be filed in the proper appellate court and sent to the Attorney General, who represents the state in appellate cases. The defendant then has 30 days (60 days in a capital case) to file a written legal argument called a brief — and the State’s attorney has 30 days (60 days in a capital case) to file a response.

Where are Appeals Heard?

In capital cases, appeals are heard by seven justices in the Supreme Court of North Carolina. Non-capital cases go to the North Carolina Court of Appeals, where a panel of three judges will hear the case. When oral arguments are scheduled in a case, the attorneys for each side verbally present information to the court. Unlike at trial, no evidence is presented and there are no witnesses. Each side has 30 minutes to argue their case, which is strictly limited to the legal errors raised in the record on appeal and their written brief. Oral arguments are almost always held in the Supreme Court — but only rarely in cases heard by the Court of Appeals.

What Remedies are Available Through the Appellate Process?

An appellate court decision is determined by the majority of judges in the case — a unanimous decision is not needed. If the appellate court finds that unfair errors occurred at trial, several remedies are available through the appellate process. For instance, the court may:

• Set aside the conviction
• Reverse the conviction
• Vacate the judgment
• Remand the case to the trial court for a new trial

If the case is sent back to the trial court, the District Attorney will decide whether or not to hold a new trial. In the event an appeal is denied by the Court of Appeals, the side that did not prevail may be able to appeal to the Supreme Court.

Contact an Experienced North Carolina Appeals Attorney

If you believe a mistake was made in your criminal case, you may be eligible to file an appeal. The Johnston County appellate attorneys at Reece & Reece, Attorneys at Law are committed to providing reliable counsel for criminal appeals in North Carolina. Call (919) 300-1249 to schedule a consultation and learn how we can help.