§ 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 […]
§ 15A-1461 – Purpose of Article.
15A-1461. Purpose of Article. This Article establishes an extraordinary procedure to investigate and determine credible claims of factual innocence that shall require an individual to voluntarily waive rights and privileges as described in this Article. (2006-184, s. 1; 2010-171, s. 5.)
§ 15A-1432 – Appeals by State from district court judge.
15A-1432. Appeals by State from district court judge. (a) Unless the rule against double jeopardy prohibits further prosecution, the State may appeal from the district court judge to the superior court: (1) When there has been a decision or judgment dismissing criminal charges as to one or more counts. (2) Upon the granting of a […]
§ 15A-1462 – Commission established.
15A-1462. Commission established. (a) There is established the North Carolina Innocence Inquiry Commission. The North Carolina Innocence Inquiry Commission shall be an independent commission under the Administrative Office of the Courts for administrative purposes. (b) The Administrative Office of the Courts shall provide administrative support to the Commission as needed. The Director of the Administrative […]
§ 15A-1441 – Correction of errors by appellate division.
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.
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.
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 […]