15A-1411. Motion for appropriate relief. (a) Relief from errors committed in the trial division, or other post-trial relief, may be sought by a motion for appropriate relief. Procedure for the making of the motion is as set out in G.S. 15A-1420. (b) A motion for appropriate relief, whether made before or after the entry of […]
15A-1412. Provisions of Article procedural. The provision in this Article for the right to seek relief by motion for appropriate relief is procedural and is not determinative of the question of whether the moving party is entitled to the relief sought or to other appropriate relief. (1977, c. 711, s. 1.)
15A-1413. Trial judges empowered to act; assignment of motions for appropriate relief. (a) A motion for appropriate relief made pursuant to G.S. 15A-1415 may be heard and determined in the trial division by any judge who (i) is empowered to act in criminal matters in the district court district as defined in G.S. 7A-133 or […]
15A-1414. Motion by defendant for appropriate relief made within 10 days after verdict. (a) After the verdict but not more than 10 days after entry of judgment, the defendant by motion may seek appropriate relief for any error committed during or prior to the trial. (b) Unless included in G.S. 15A-1415, all errors, including but […]
15A-1415. Grounds for appropriate relief which may be asserted by defendant after verdict; limitation as to time. (a) At any time after verdict, a noncapital defendant by motion may seek appropriate relief upon any of the grounds enumerated in this section. In a capital case, a postconviction motion for appropriate relief shall be filed within […]
15A-1416. Motion by the State for appropriate relief. (a) After the verdict but not more than 10 days after entry of judgment, the State by motion may seek appropriate relief for any error which it may assert upon appeal. (b) At any time after verdict the State may make a motion for appropriate relief for: […]
15A-1416.1. Motion by the defendant to vacate a nonviolent offense conviction for human trafficking victim. (a) A motion for appropriate relief seeking to vacate a conviction for a nonviolent offense based on the grounds set out in G.S. 15A-1415(b)(10) shall be filed in the court where the conviction occurred. The motion may be filed at […]
15A-1417. Relief available. (a) The following relief is available when the court grants a motion for appropriate relief: (1) New trial on all or any of the charges. (2) Dismissal of all or any of the charges. (3) The relief sought by the State pursuant to G.S. 15A-1416. (3a) For claims of factual innocence, referral […]
15A-1418. Motion for appropriate relief in the appellate division. (a) When a case is in the appellate division for review, a motion for appropriate relief based upon grounds set out in G.S. 15A-1415 must be made in the appellate division. For the purpose of this section a case is in the appellate division when the […]
15A-1419. When motion for appropriate relief denied. (a) The following are grounds for the denial of a motion for appropriate relief, including motions filed in capital cases: (1) Upon a previous motion made pursuant to this Article, the defendant was in a position to adequately raise the ground or issue underlying the present motion but […]
15A-1420. Motion for appropriate relief; procedure. (a) Form, Service, Filing. – (1) A motion for appropriate relief must: a. Be made in writing unless it is made: 1. In open court; 2. Before the judge who presided at trial; 3. Before the end of the session if made in superior court; and 4. Within 10 […]
15A-1421. Indigent defendants. The provisions of Chapter 7A of the General Statutes with regard to the appointment of counsel for indigent defendants are applicable to proceedings under this Article. The court also may make appropriate orders relieving indigent defendants of all or a portion of the costs of the proceedings. (1977, c. 711, s. 1.)
15A-1422. Review upon appeal. (a) The making of a motion for appropriate relief is not a prerequisite for asserting an error upon appeal. (b) The grant or denial of relief sought pursuant to G.S. 15A-1414 is subject to appellate review only in an appeal regularly taken. (c) The court’s ruling on a motion for appropriate […]
