What is an en banc hearing?

An en banc hearing occurs when a case is heard by a multi-judge panel of a higher court or court of appeals, instead of the usual single judge. In North Carolina, an en banc hearing is used when the court must decide whether to overturn a previous ruling of one of its judges in a criminal trial. This type of hearing is relatively rare, as the court of appeals usually decides in favor of the original ruling. However, in the event that a criminal appeals court, or an individual judge, disagrees with the decision of the lower court, an en banc hearing can be requested. At an en banc hearing, the court must review the original trial and any related materials, discuss the legal questions of the appeal, and hear oral arguments from the attorneys for both sides. The court of appeals determines whether or not to grant the appeals based on these hearings. After the hearing, all members of the court of appeals must agree in order to overturn the earlier ruling. If the hearing results in an overturning of the original decision, then the criminal defendant may be granted a new trial or an acquittal. However, if the court upholds the original ruling, then the criminal defendant will remain found guilty.

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