§ 15A-1448 – Procedures for taking appeal.
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.
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 An appeal may be withdrawn by filing with the clerk of superior court a written notice of the withdrawal, signed by the defendant and, if he has counsel, his attorney.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. […]
§ 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 (a) If an appeal is withdrawn for a judgment that imposed an active sentence or imposed only monetary obligations without probation, the clerk of superior court must enter an order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 […]
§ 15A-1422 – Review upon appeal.
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 […]
§ 15A-1460 – Definitions.
15A-1460. Definitions. The following definitions apply in this Article: (1) "Claim of factual innocence" means a claim on behalf of a living person convicted of a felony in the General Court of Justice of the State of North Carolina, asserting the complete innocence of any criminal responsibility for the felony for which the person was […]
§ 15A-1431 – Appeals by defendants from magistrate and district court judge; trial de novo.
15A-1431. Appeals by defendants from magistrate and district court judge; trial de novo. (a) A defendant convicted before a magistrate may appeal for trial de novo before a district court judge without a jury. (b) A defendant convicted in the district court before the judge may appeal to the superior court for trial de novo […]