§ 15A-1466 – Duties.
15A-1466. Duties. The Commission shall have the following duties and powers: (1) To establish the criteria and screening process to be used to determine which cases shall be accepted for review. (2) To conduct inquiries into claims of factual innocence, with priority to be given to those cases in which the convicted person is currently […]
§ 15A-1467 – Claims of innocence; waiver of convicted person's procedural safeguards and privileges; formal inquiry; notification of the crime victim.
15A-1467. Claims of innocence; waiver of convicted person’s procedural safeguards and privileges; formal inquiry; notification of the crime victim. (a) A claim of factual innocence for any conviction may be referred to the Commission by any court, a State or local agency, or a claimant’s counsel. A claim of factual innocence for convictions of homicide […]
§ 15A-1468 – Commission proceedings.
15A-1468. Commission proceedings. (a) At the completion of a formal inquiry, all relevant evidence shall be presented to the full Commission in a public hearing. Any public hearing held in accordance with this section shall be subject to the Commission’s rules of operation. The Commission’s rules of operation shall not exclude the district attorney or […]
§ 15A-1469 – Postcommission three-judge panel.
15A-1469. Postcommission three-judge panel. (a) If the Commission concludes or the district attorney and the convicted person’s counsel agree pursuant to G.S. 15A-1468(f), there is sufficient evidence of factual innocence to merit judicial review, the Chair of the Commission shall request the Chief Justice to appoint a three-judge panel, not to include any trial judge […]
§ 15A-1470 – No right to further review of decision by Commission or three-judge panel; convicted person retains right to other postconviction relief.
15A-1470. No right to further review of decision by Commission or three-judge panel; convicted person retains right to other postconviction relief. (a) Unless otherwise authorized by this Article, the decisions of the Commission and of the three-judge panel are final and are not subject to further review by appeal, certification, writ, motion, or otherwise. (b) […]
§ 15A-1471 – Preservation of files and evidence; production of files and evidence; forensic and DNA testing.
15A-1471. Preservation of files and evidence; production of files and evidence; forensic and DNA testing. (a) Upon receiving written notice from the Commission of a Commission inquiry, the State shall preserve all files and evidence subject to disclosure under G.S. 15A-903. Once the Commission provides written notice to the State that the Commission’s inquiry is […]
§ 15A-1475 – Reports.
15A-1475. Reports. The North Carolina Innocence Inquiry Commission shall report annually by February 1 of each year on its activities to the Joint Legislative Oversight Committee on Justice and Public Safety and the State Judicial Council. The report may contain recommendations of any needed legislative changes related to the activities of the Commission. The report […]
§ 15A-1452 – Execution of sentence upon determination of appeal; compliance with directive of appellate court.
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-1421 – Indigent defendants.
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-1453 – Ancillary actions during appeal.
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 […]