Criminal Appeals Issues Unique to North Carolina
North Carolina's post-conviction legal landscape offers both significant challenges and unique opportunities for defendants seeking to overturn wrongful convictions. The state operates a two-tiered appellate system, with the North Carolina Court of Appeals serving as the intermediate appellate court and the North Carolina Supreme Court providing final review. Criminal defendants have a right to appeal to the Court of Appeals, where a panel of judges examines the trial record for legal errors. Further review by the Supreme Court is generally discretionary, requiring a petition for writ of certiorari that demonstrates the case warrants the high court's attention.
One of the most critical aspects of North Carolina criminal appeals is the extremely short deadline for filing a notice of appeal. Under North Carolina law, defendants have only fourteen days from entry of judgment to file their notice of appeal. This is among the shortest appellate deadlines in the nation, and missing it can permanently bar direct appellate review. Defendants should secure appellate counsel as quickly as possible after sentencing to protect their rights.
The Motion for Appropriate Relief, governed by G.S. 15A-1411 et seq., serves as North Carolina's primary vehicle for post-conviction challenges outside the direct appeal process. An MAR allows defendants to raise claims that could not have been raised on direct appeal, including ineffective assistance of counsel, newly discovered evidence, and constitutional violations requiring factual development beyond the trial record. The procedural requirements for MARs are strict, with time limitations and filing requirements that vary depending on the type of claim.
North Carolina stands alone in the nation in having established the North Carolina Innocence Inquiry Commission, a state agency dedicated to investigating claims of actual innocence. Created in 2006, the Commission provides an independent mechanism for reviewing cases where credible evidence of innocence emerges after conviction. When the Commission finds sufficient evidence, a three-judge panel conducts a hearing to determine whether the defendant is innocent. For defendants who cannot afford private counsel, the North Carolina Appellate Defender's Office provides representation on appeal. Federal criminal appeals proceed to the Fourth Circuit Court of Appeals in Richmond, Virginia.
How To Choose a North Carolina Criminal Appeals Lawyer
Selecting appellate counsel requires fundamentally different considerations than choosing a trial attorney. Appellate work is primarily a written practice, demanding exceptional research and writing skills, mastery of procedural rules, and the ability to identify winning legal arguments from a cold record. The trial attorney who fought for you in the courtroom may not possess these specialized skills, and fresh eyes from an experienced appellate practitioner often yield better results.
Begin your evaluation by examining the attorney's specific experience in North Carolina criminal appeals. Ask how many criminal appeals they have handled before the Court of Appeals and Supreme Court, and inquire about their experience with Motions for Appropriate Relief. If your case might qualify for review by the Innocence Inquiry Commission, determine whether the attorney has navigated that unique process. An attorney's familiarity with the judges and procedures of these tribunals provides practical advantages that general litigation experience cannot substitute.
Assess the attorney's approach during initial consultations. A thoughtful appellate attorney will want to review at least portions of the trial record before providing a detailed assessment. Be skeptical of attorneys who promise favorable outcomes without conducting this review. Ask the attorney to explain potential issues in your case and their strategy for developing those arguments.
Consider these essential questions when evaluating potential appellate counsel:
- What percentage of your practice is devoted to criminal appeals?
- Have you argued before the North Carolina Court of Appeals and Supreme Court?
- How do you evaluate which issues to raise on appeal?
- What is your timeline for completing the appellate brief?
Red flags include attorneys who guarantee specific outcomes, those unfamiliar with North Carolina appellate procedure, and those who cannot clearly explain their approach. The appellate process requires patience and realistic expectations.
Understanding Prices for North Carolina Criminal Appeals
Criminal appeals involve substantial professional time for record review, legal research, brief writing, and oral argument preparation. Understanding typical fee structures helps you evaluate proposals and budget appropriately.
North Carolina criminal appellate attorneys typically offer either flat-fee or hourly billing arrangements. Flat fees provide cost certainty, covering the entire appellate process from filing through decision. This structure works well for straightforward appeals with manageable records. Hourly billing may be more appropriate for complex cases involving extensive trial transcripts, multiple co-defendants, or novel legal questions.
Several factors significantly influence appellate costs. The length of the trial record is perhaps the most significant variable, as attorneys must review every page of transcripts and exhibits. A case with a three-day trial will cost considerably less than one with several weeks of testimony. The complexity and number of issues also matters; a single preserved issue requires less briefing than multiple claims spanning constitutional, evidentiary, and procedural questions.
Motions for Appropriate Relief often involve different cost considerations than direct appeals because they may require investigation, witness interviews, and evidentiary hearings. Request a detailed written fee agreement before engaging any attorney, specifying what services are included, what circumstances might trigger additional charges, and how costs like filing fees and transcript preparation are handled.
About SPCRC Recommendations
The Spolin Post-Conviction Resource Center maintains strict independence in developing attorney recommendations. No attorney can purchase inclusion on our recommendation lists, and we neither solicit nor accept referral fees, advertising payments, or other compensation from attorneys we recommend.
Our evaluation methodology examines multiple dimensions of appellate practice. We assess attorneys' experience handling criminal appeals specifically in North Carolina courts, looking for demonstrated success before the Court of Appeals, Supreme Court, and in MAR proceedings. We examine their standing with the North Carolina State Bar, including any disciplinary history. Where available, we review appellate briefs and court opinions to evaluate the quality of legal analysis and written advocacy.
Our recommendations represent a starting point for your own evaluation rather than a definitive endorsement for your particular case. Every criminal appeal involves unique facts, legal issues, and personal circumstances that may make one attorney a better fit than another. We encourage you to consult with multiple attorneys before making a decision and to trust your own judgment about who will best serve your needs.