What issues can be raised on appeal?
In North Carolina, an appeal is a request to a higher court to review a lower court’s decision. Issues that can be raised on appeal include errors in the trial court’s application and interpretation of the law, ineffective assistance of counsel, constitutional violations, jury instructions, newly discovered evidence, and allegations of juror misconduct. The appellant must present evidence that an error occurred in the trial court to be able to raise a particular issue on appeal. The appellant may also show that the case has an important issue that needs to be addressed or clarified by the Court of Appeals and may request a review of the jury instructions and evidence presented at trial. When an issue is raised on appeal, the appellate court will review the lower court’s decision to determine whether or not it was correct. The appellate court may affirm the lower court’s ruling, reverse the ruling, or send the case back to the lower court for further proceedings. In addition, the appellate court may also consider whether the lower court applied the law correctly and whether or not the jury instructions given were accurate and appropriate. If the appellate court finds that any errors were made, it may order the lower court to take corrective action. In summary, there are a variety of issues that can be raised on appeal in North Carolina, including errors in the trial court’s application and interpretation of the law, ineffective assistance of counsel, constitutional violations, jury instructions, newly discovered evidence, and allegations of juror misconduct. The appellate court will review the lower court’s decision to determine whether or not an error was made and may order the lower court to take corrective action if necessary.
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