§ 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-1465 – Director and other staff.
15A-1465. Director and other staff. (a) The Commission shall employ a Director. The Director shall report to the Director of the Administrative Office of the Courts, who shall consult with the Commission chair. The Director shall be an attorney licensed to practice in North Carolina at the time of appointment and at all times during […]
§ 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-1449 – Security for costs not required.
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.
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.
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. […]