North Carolina Appeals
Wrongly decided
in North Carolina.
Fourteen days to give notice of appeal. Preservation rules that decide cases before the merits are ever reached.
North Carolina appeals go to the Court of Appeals, with further review in the Supreme Court by petition for discretionary review. The state's preservation and error-preservation rules are unforgiving, which is why the notice of appeal and the record on appeal are drafted with the end of the case in mind.
North Carolina Deadline Reality
The clock decides more cases than the merits do
North Carolina's 14-day notice period is short even by appellate standards, and the record on appeal must be settled carefully. An appeal that is filed late, or a record that omits the ruling you need, can end the case on procedure alone.
Deadlines
North Carolina filing windows
General timing only. Rules and case law change, and post-judgment motions can shift a date. Confirm against the current rules and the docket in your case before relying on any of these.
Notice of appeal (criminal)
Generally 14 days after entry of the judgment
N.C. R. App. P. 4
Motion for appropriate relief (trial court)
Generally within 10 days of the judgment, or later as the statute allows
N.C.G.S. § 15A-1414
Petition for discretionary review
Generally 35 days after the Court of Appeals decision
N.C. R. App. P. 15
Federal habeas petition
One year from the final state judgment, with limited tolling
28 U.S.C. § 2244(d)
Where We Appear
The courts that decide North Carolina cases
North Carolina Court of Appeals
Raleigh. Appeals of right from superior and district court judgments in criminal and civil cases.
Supreme Court of North Carolina
Discretionary review by petition after the Court of Appeals decides, plus direct review in limited cases.
U.S. District Courts, E.D., M.D. & W.D.N.C.
Federal habeas review under 28 U.S.C. § 2254 after state remedies are exhausted.
What We Challenge
Issues we raise on appeal
- Preservation of error and the record on appeal
- Jury instruction and sentencing error
- Ineffective assistance of counsel raised by motion for appropriate relief
- Suppression and search issues
- Prosecutorial misconduct and discovery violations
- Structured sentencing and prior record level disputes
What Happens First
Three things we do before anything is filed
01
Fix the deadline
We pull the judgment and docket, confirm the entry date, and identify which North Carolina window is actually open. If the window has closed, we say so plainly instead of filing something that cannot succeed.
02
Read the record
Transcripts, rulings, jury instructions, and the sentencing record are reviewed for preserved error. What was not preserved determines whether a post-conviction route is needed instead.
03
Price the work
You receive a written flat-fee quote and scope before the engagement begins, so the cost of the appeal is known while you are still deciding whether to pursue it.
North Carolina Questions
Answers before you call
How long do I have to appeal in North Carolina?
A criminal notice of appeal is generally due within 14 days after entry of the judgment under Rule 4 of the North Carolina Rules of Appellate Procedure. The deadline is jurisdictional in most situations, so it should be treated as absolute.
What is a motion for appropriate relief?
It is North Carolina's post-conviction motion under N.C.G.S. § 15A-1411 and following, filed in the trial court. It is the usual route for claims that depend on facts outside the trial record, including ineffective assistance of counsel and newly discovered evidence.
Why does preservation matter so much in North Carolina?
The Court of Appeals generally reviews only issues that were raised and ruled on in the trial court, and most unpreserved errors are not corrected on appeal. Part of our work is identifying what was preserved and whether an unpreserved issue can still be reviewed for plain error or through post-conviction relief.
Can the Supreme Court of North Carolina hear my case?
Yes, but review is discretionary. After the Court of Appeals decides, a petition for discretionary review is filed within the time the rules allow. We assess whether the case presents an issue the Supreme Court is likely to take before recommending that step.
Talk To An Appellate Lawyer
Find out where your North Carolina case stands.
The initial review is free. Have the judgment, the docket number, and the date of sentencing ready if you can, and we will tell you what is still possible.