STATE & FEDERAL
The appellate process is far different from the trial or plea negotiation stage of a criminal case. Unlike at trial, appeals focus on finding and correcting errors at trial or pretrial proceedings, specifically whether the prosecutor, judge, or defense attorney made a mistake. The appellate court is not a trier of facts, it is a court of review.
The success or failure of an appeal often hinges on the strength of legal arguments, effective writing, and oral argument an appellate lawyer makes before the appellate court. An appellate attorney must be able to convince a panel of judges, rather than a jury, that a mistake was made at trial or sentencing by the lower court. Successfully handling criminal appeals requires superb legal reasoning, analysis and writing skills, in-depth knowledge of the law, and innovative, critical thinking. As clearly demonstrated by the video appearing below, in which Dan is presenting oral arguments to the North Carolina Supreme Court, Dan possesses all of these qualities and more.
Dan is a Board Certified Specialist in Appellate Practice. He has extensive experience handling criminal appeals before the North Carolina Court of Appeals, the North Carolina Supreme Court, and the U.S. Court of Appeals for the 4th Circuit. Dan is a former law clerk for the Chief Judge of the North Carolina Court of Appeals, where he began his legal career.
The foundation for a successful appeal must often be laid at or before trial. Daniel M. Blau understands how to preserve appellate issues during the pretrial and trial stages. Dan understands not only how to successfully pursue appeals, but also how to effectively prepare cases for appeal at the earliest possible step in the process before trial even begins. Over the past ten years, Dan’s appellate and post-conviction advocacy has led to the reversal of more than 20 serious felony and misdemeanor convictions and has saved his clients a combined 150 years in prison and years of probation and post-release supervision. Please call Dan today for a free and confidential consultation at (919) 256-3605.
In this video, Dan makes oral argument in an appeal to the North Carolina Supreme Court, at its historic, first-ever session in Asheville in May 2018. This video precisely illustrates how an appellate lawyer applies the law and then argues that applicability on behalf of a client before and with our State's most nimble and highly regarded legal minds.
THOUSANDS OF CASES | DOZENS OF APPEALS | QUALIFIED SUCCESS
State v. G.B., 217 N.C. App. 380 (2011) Client was convicted of forgery and habitual felon and was sentenced to 70-93 months in prison. RESULT ON APPEAL: Convictions reversed due to lack of evidence.
New Hearing Ordered
State v. A.N., 778 S.E.2d 863 (2015) Client pled guilty to robbery and was placed into deportation proceedings as a result of his convictions. RESULT ON APPEAL: New hearing ordered due to former attorney misadvising client about the consequences of his guilty plea.
New Trial Granted
State v. S.R., 223 N.C. App. 325 (2012): Client was convicted of sex offenses and was sentenced to 307-378 months in prison. RESULT ON APPEAL: New trial granted due to judge allowing improper expert testimony at trial.
State v. M.M., 209 N.C. App. 466 (2011) Client was ordered to enroll in lifetime satellite-based monitoring. RESULT ON APPEAL: Order vacated due to lack of jurisdiction.
New Trial Granted
State v. S.C., 802 S.E.2d 531 (2017) Client was convicted of felony assault and was sentenced to 65-90 months in prison. RESULT ON APPEAL: New trial granted due to violation of client’s constitutional rights at trial. (Appeal remains pending.)
State v. K.P. (2018) Client was convicted of first-degree murder and sentenced to life in prison. RESULT ON POST-CONVICTION: Conviction vacated due to ineffective assistance of counsel; client released with time served.
State v. J.D., 2017 N.C. App. LEXIS 327 (2017) Client was convicted of marijuana charge and habitual felon and was sentenced to 76-116 months in prison. RESULT ON APPEAL: Convictions vacated due to defective search warrant.
New Trial Granted
State v. T.L., 217 N.C. App. 455 (2011) Client was convicted of robbery and kidnapping and was sentenced to 71-104 months in prison. RESULT ON APPEAL: New trial granted due to judge refusing to admit important defense evidence at trial.
State v. A.H. (2018) Client was convicted of multiple felony and misdemeanor counts of possessing weapons on educational property. RESULT ON POST-CONVICTION: All convictions vacated after statutes were ruled to be unconstitutional.
State v. L.P., 2011 N.C. App. LEXIS 1535 (2011): Client was convicted of misdemeanor larceny and sentenced to probation. RESULT ON APPEAL: Convictions reversed due to lack of evidence.
Please note that these are examples of prior cases in which we have obtained a positive result for our client. Every case is different, and we cannot guarantee a specific result in your case.