What is the standard of review used in criminal appeals?
In North Carolina, the standard of review used in criminal appeals is called de novo review. This means that the court reviews the case from the beginning and considers all of the evidence and arguments, regardless of what the trial court judge decided. This means that the appellate court can look at the case and overturn a lower court’s decision if they find that the lower court made a mistake in their ruling. De novo review is a very important part of criminal appeals because it allows an appellate court to look closely at the evidence and arguments presented and make an independent assessment. This ensures that an accused person gets a fair hearing and an impartial decision. It also helps to ensure that a criminal conviction is fair and is not based solely on the opinion of the trial court judge. In most cases, the court will review all of the evidence and arguments presented in the trial court. They will also consider any additional evidence that may have been presented after the trial concluded. The court will then make a ruling based on the weight of the evidence and arguments presented. If they find that the decision of the lower court was wrong, they may overturn the decision or remand the case back to the lower court.
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