North Carolina's Criminal Appeals Pathway
North Carolina has a well-established appellate system for criminal convictions. Understanding the process — including the specific courts, deadlines, and types of claims available — is essential for anyone seeking to challenge a conviction in the state.
Direct Appeal: The Court of Appeals
Most felony convictions in North Carolina superior court are appealed to the North Carolina Court of Appeals. The defendant must give oral notice of appeal at sentencing or file written notice within 14 days of the judgment.
The Court of Appeals reviews the trial record for:
Crucially, the Court of Appeals only reviews what is in the trial record. New evidence cannot be introduced on direct appeal.
The North Carolina Supreme Court
After the Court of Appeals rules, you may seek discretionary review by the North Carolina Supreme Court. In capital cases, appeals go directly to the Supreme Court from the superior court.
The Supreme Court accepts a small number of cases involving significant constitutional questions or important issues of state law.
Motion for Appropriate Relief (MAR)
The Motion for Appropriate Relief is North Carolina's primary post-conviction remedy. It can be filed in the superior court at any time after conviction and allows challenges based on:
Raising Ineffective Assistance Claims
IAC claims in North Carolina are typically raised in a MAR rather than on direct appeal, because they require evidence outside the trial record. The MAR allows for an evidentiary hearing at which the defendant can present testimony and documents about the trial attorney's failures.
Compensation for Wrongful Convictions
North Carolina has one of the most robust wrongful conviction compensation programs in the country. The N.C. Innocence Inquiry Commission can independently investigate claims of factual innocence. If you were wrongfully convicted, North Carolina provides $50,000 per year of wrongful imprisonment (up to $750,000 total) for those who receive a full pardon of innocence.
Federal Habeas in North Carolina
After exhausting state remedies, North Carolina defendants can file a federal habeas petition in the U.S. District Court for the Eastern, Middle, or Western District of North Carolina, depending on where they are incarcerated. AEDPA's one-year deadline applies.
Contact Libre Litigation
Our firm is licensed in North Carolina and handles appellate and post-conviction cases statewide. If you have questions about a conviction in North Carolina, contact us for a confidential consultation.
Disclaimer: This article is for general informational and educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Every case is different. Consult a qualified attorney about your specific situation.