15A-1441. Correction of errors by appellate division. Errors of law may be corrected upon appellate review as provided in this Article, except that review of capital cases shall be given priority on direct appeal and in State postconviction proceedings. (1977, c. 711, s. 1; 1995 (Reg. Sess., 1996), c. 719, s. 6.)
15A-1442. Grounds for correction of error by appellate division. The following constitute grounds for correction of errors by the appellate division. (1) Lack of Jurisdiction. – a. The trial court lacked jurisdiction over the offense. b. The trial court did not have jurisdiction over the person of the defendant. (2) Error in the Criminal Pleading. […]
15A-1443. Existence and showing of prejudice. (a) A defendant is prejudiced by errors relating to rights arising other than under the Constitution of the United States when there is a reasonable possibility that, had the error in question not been committed, a different result would have been reached at the trial out of which the […]
15A-1444. When defendant may appeal; certiorari. (a) A defendant who has entered a plea of not guilty to a criminal charge, and who has been found guilty of a crime, is entitled to appeal as a matter of right when final judgment has been entered. (a1) A defendant who has been found guilty, or entered […]
15A-1445. Appeal by the State. (a) Unless the rule against double jeopardy prohibits further prosecution, the State may appeal from the superior court to the appellate division: (1) When there has been a decision or judgment dismissing criminal charges as to one or more counts. (2) Upon the granting of a motion for a new […]
15A-1446. Requisites for preserving the right to appellate review. (a) Except as provided in subsection (d), error may not be asserted upon appellate review unless the error has been brought to the attention of the trial court by appropriate and timely objection or motion. No particular form is required in order to preserve the right […]
15A-1447. Relief available upon appeal. (a) If the appellate court finds that there has been reversible error which denied the defendant a fair trial conducted in accordance with law, it must grant the defendant a new trial. (b) If the appellate court finds that the facts charged in a pleading were not at the time […]
15A-1448. Procedures for taking appeal. (a) Time for Entry of Appeal; Jurisdiction over the Case. – (1) A case remains open for the taking of an appeal to the appellate division for the period provided in the rules of appellate procedure for giving notice of appeal. (2) When a motion for appropriate relief is made […]
15A-1449. Security for costs not required. In criminal cases no security for costs is required upon appeal to the appellate division. (1977, c. 711, s. 1.)
15A-1450. Withdrawal of appeal. An appeal may be withdrawn by filing with the clerk of superior court a written notice of the withdrawal, signed by the defendant and, if he has counsel, his attorney. The clerk must forward a copy of the notice to the clerk of the appellate division in which the case is […]
15A-1451. Stay of sentence; bail; no stay when State appeals. (a) When a defendant has given notice of appeal: (1) Payment of costs is stayed. (2) Payment of a fine is stayed. (3) Confinement is stayed only when the defendant has been released pursuant to Article 26, Bail. (4) Probation or special probation is stayed. […]
15A-1452. Execution of sentence upon determination of appeal; compliance with directive of appellate court. (a) If an appeal is withdrawn for a judgment that imposed an active sentence or imposed only monetary obligations without probation, the clerk of superior court must enter an order reflecting that fact and directing compliance with the judgment. (a1) If […]
15A-1453. Ancillary actions during appeal. (a) While an appeal is pending in the appellate division, the court in which the defendant was convicted has continuing authority to act with regard to the defendant’s release pursuant to Article 26, Bail. (b) The appropriate court of the appellate division may direct that additional steps be taken in […]
