§ 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-1463 – Membership; chair; meetings; quorum.
15A-1463. Membership; chair; meetings; quorum. (a) The Commission shall consist of eight voting members as follows: (1) One shall be a superior court judge. (2) One shall be a prosecuting attorney. (3) One shall be a victim advocate. (4) One shall be engaged in the practice of criminal defense law. (5) One shall be a […]
§ 15A-1464 – Terms of members; compensation; expenses.
15A-1464. Terms of members; compensation; expenses. (a) Of the initial members, two appointments shall be for one-year terms, three appointments shall be for two-year terms, and three appointments shall be for three-year terms. Thereafter, all terms shall be for three years. Members of the Commission shall serve no more than two consecutive three-year terms plus […]
§ 15A-1443 – Existence and showing of prejudice.
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.
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.
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 […]