Is an appeal of right automatic?

In North Carolina, an appeal of right in criminal cases is not necessarily automatic. An appeal of right is a type of appeal in which a defendant has the right to take the case to an appellate court for review of their conviction, as long as certain conditions are met. In North Carolina, the standard for an appeal of right is that the defendant must file a written notice of appeal within 10 days of the original judgment or sentence. If the defendant wishes to file an appeal of right in a criminal case, they must do so within this timeframe. After the written notice of appeal is filed, the appellate court considers the merits of the case to determine if it is a valid appeal of right or not. Due to the relatively short window for filing an appeal of right in North Carolina, filing an appeal of right cannot be considered automatic. The defendant must act quickly to file the notice of appeal, or they will not be able to exercise their right to appeal their conviction. After the notice of appeal is filed, the court will then review the merits of the case to determine if an appeal of right is valid. If the court finds the appeal valid, the case may proceed to appellate court for review.

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