Will has experience doing appellate work including filing motions and briefs. The office handles appeals from final decisions entered in selective cases.
When judgments or orders are entered in cases, the judgment is generally more favorable to one party than the other. Sometimes judgments and orders contain mistakes or are not in compliance with the law. Once a judgment is entered, parties who are subject to an adverse decision have a limited period in which they may file a notice of appeal so that they may seek a more favorable decision. Specific procedures, rules, and standards apply to appeals and strict compliance with these requirements is generally required to be successful. North Carolina has its own set of Rules of Appellate Procedure.
Generally, before a party can file an appeal the decision must be final. However, there are exceptions to the finality rule. A party can take steps to stay enforcement of the judgment during the pendency of the appeal. Some appeals are an absolute right such as an appeal from a criminal case in District Court to Superior Court. But appeals to higher level courts are often discretionary meaning the higher Court does not have to hear your appeal.
In considering whether to appeal a party should realize that their outcome could be worse than what they received in the lower court and in criminal cases a party could receive a worse sentence.
If you need an attorney to consult with regarding an appeal or to represent you in an appeal, please contact the office for a confidential consultation.