reglab/housing_qa huggingface dataset:
NC Gen Stat § 15A-1443 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 91 - Appeal to Appellate Division.|§ 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 appeal arises. The burden of showing such prejudice under this subsection is upon the defendant. Prejudice also exists in any instance in which it is deemed to exist as a matter of law or error is deemed reversible per se.(b) A violation of the defendant's rights under the Constitution of the United States is prejudicial unless the appellate court finds that it was harmless beyond a reasonable doubt. The burden is upon the State to demonstrate, beyond a reasonable doubt, that the error was harmless.(c) A defendant is not prejudiced by the granting of relief which he has sought or by error resulting from his own conduct. (1977, c. 711, s. 1.)
NC Gen Stat § 15A-1445 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 91 - Appeal to Appellate Division.|§ 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 trial on the ground of newly discovered or newly available evidence but only on questions of law.(3) When the State alleges that the sentence imposed:a. Results from an incorrect determination of the defendant's prior record level under G.S. 15A-1340.14 or the defendant's prior conviction level under G.S. 15A-1340.21;b. Contains a type of sentence disposition that is not authorized by G.S. 15A-1340.17 or G.S. 15A-1340.23 for the defendant's class of offense and prior record or conviction level;c. Contains a term of imprisonment that is for a duration not authorized by G.S. 15A-1340.17 or G.S. 15A-1340.23 for the defendant's class of offense and prior record or conviction level; ord. Imposes an intermediate punishment pursuant to G.S. 15A-1340.13(g) based on findings of extraordinary mitigating circumstances that are not supported by evidence or are insufficient as a matter of law to support the dispositional deviation.(b) The State may appeal an order by the superior court granting a motion to suppress as provided in G.S. 15A-979. (1977, c. 711, s. 1; 1993, c. 538, s. 28; 1994, Ex. Sess., c. 14, s. 28, c. 24, s. 14(b).)
NC Gen Stat § 15A-1447 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 91 - Appeal to Appellate Division.|§ 15A-1447 - Relief available upon appeal.

 15A-1447. Relief available upon appeal.(a) If the appellate court finds that there has been reversible error which denied the defendant a fair trial conducted in accordance with law, it must grant the defendant a new trial.(b) If the appellate court finds that the facts charged in a pleading were not at the time charged a crime, the judgment must be reversed and the charge must be dismissed.(c) If the appellate court finds that the evidence with regard to a charge is insufficient as a matter of law, the judgment must be reversed and the charge must be dismissed unless there is evidence to support a lesser included offense. In that case the court may remand for trial on the lesser offense.(d) If the appellate court affirms only some of the charges, or if it finds error relating only to the sentence, it may direct the return of the case to the trial court for the imposition of an appropriate sentence.(e) If the appellate court affirms one or more of the charges, but not all of them, and makes a finding that the sentence is sustained by the charge or charges which are affirmed and is appropriate, the court may affirm the sentence.(f) If the appellate court finds that there is an error with regard to the sentence which may be corrected without returning the case to the trial division for that purpose, it may direct the entry of the appropriate sentence.(g) If the appellate court finds that there has been reversible error and the rule against double jeopardy prohibits further prosecution, it must dismiss the charges with prejudice. (1977, c. 711, s. 1.)
NC Gen Stat § 15A-1448 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 91 - Appeal to Appellate Division.|§ 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 under G.S. 15A-1414 or G.S. 15A-1416(a), the case remains open for the taking of an appeal until the court has ruled on the motion. The time for taking an appeal as provided in subsection (b) shall begin to run immediately upon the entry of an order under G.S. 15A-1420(c)(7), and the case shall remain open for the taking of an appeal until the expiration of that time.(3) The jurisdiction of the trial court with regard to the case is divested, except as to actions authorized by G.S. 15A-1453, when notice of appeal has been given and the period described in (1) and (2) has expired.(4) Repealed by Session Laws 1987, c. 624.(5) The right to appeal is not waived by withdrawal of an appeal if the appeal is reentered within the time specified in (1) and (2).(6) The right to appeal is not waived by compliance with all or a portion of the judgment imposed. If the defendant appeals, the court may enter appropriate orders remitting any fines or costs which have been paid. The court may delay the remission pending the determination of the appeal.(b) How and When Appeal of Right Taken. - Notice of appeal shall be given within the time, in the manner and with the effect provided in the rules of appellate procedure.(c) Certiorari. - Petitions for writs of certiorari are governed by rules of the appellate division. (1977, c. 711, s. 1; 1977, 2nd Sess., c. 1147, s. 29; 1987, c. 624; 1989, c. 377, s. 5.)
NC Gen Stat § 15A-1449 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 91 - Appeal to Appellate Division.|§ 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.)
NC Gen Stat § 15A-1450 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 91 - Appeal to Appellate Division.|§ 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 pending. The appellate division may enter an appropriate order with regard to the costs of the appeal. (1977, c. 711, s. 1.)
NC Gen Stat § 15A-1451 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 91 - Appeal to Appellate Division.|§ 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.(b) The effect of dismissal of charges is not stayed by an appeal by the State, and the defendant is free from such charges unless they are subsequently reinstated as a result of the determination upon appeal. (1977, c. 711, s. 1.)
NC Gen Stat § 15A-1452 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 91 - Appeal to Appellate Division.|§ 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 an appeal is withdrawn for a judgment that imposed a suspended sentence, the clerk of superior court shall notify the district attorney who shall calendar a review hearing as required in subsection (d) of this section.(b) If the appellate division affirms in whole or in part, a judgment that imposed an active sentence or imposed only monetary obligations without probation, the clerk of superior court must file the directive of the appellate division and order compliance with its terms.(b1) If the appellate division affirms a judgment that imposed a suspended sentence, the clerk of superior court shall file the directive of the appellate division and bring the matter to the attention of the district attorney, who shall calendar a review hearing as provided in subsection (d) of this section.(c) If the appellate division orders a new trial or directs other relief or proceedings, the clerk must file the directive of the appellate court and bring the directive to the attention of the district attorney or the court for compliance with the directive.(d) When notified by the clerk as provided in this section, the district attorney shall calendar a hearing in superior court for review of the judgment imposed. The defendant shall be entitled to be present and represented by counsel to the same extent as in the original sentencing hearing.(1) At the review hearing, the court shall enter an order directing compliance with the judgment either as imposed or as modified as provided in this subsection. The defendant's period of probation shall commence as of the date of the court's order.(2) If the defendant's ability to comply with any date or period of time specified in the original judgment has become impractical or impossible due to the pendency of the appeal, the court may modify those dates in order to give effect to the original judgment as closely as possible.(3) The court shall not modify the judgment other than to adjust dates or periods for compliance as provided in subdivision (2) of this subsection, unless the court otherwise complies with the procedures for modification of probation in G.S. 15A-1344.  (1977, c. 711, s. 1; 2019-243, s. 7(a).)
NC Gen Stat § 15A-1453 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 91 - Appeal to Appellate Division.|§ 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 the trial court while the appeal is pending, including but not limited to:(1) Appointment of counsel.(2) Hearings with regard to matters relating to the appeal.(3) Taking evidence or conducting other proceedings relating to motions for appropriate relief made in the appellate division, as provided in G.S. 15A-1418. (1977, c. 711, s. 1.)
NC Gen Stat § 15A-1460 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 92 - North Carolina Innocence Inquiry Commission.|§ 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 convicted and for any other reduced level of criminal responsibility relating to the crime, and for which there is some credible, verifiable evidence of innocence that has not previously been presented at trial or considered at a hearing granted through postconviction relief.(1a) "Claimant" means a person asserting that he or she is completely innocent of any criminal responsibility for a felony crime upon which the person was convicted and for any other reduced level of criminal responsibility relating to the crime.(2) "Commission" means the North Carolina Innocence Inquiry Commission established by this Article.(3) "Director" means the Director of the North Carolina Innocence Inquiry Commission.(3a) "Formal inquiry" means the stage of an investigation when the Commission has entered into a signed agreement with the original claimant and the Commission has made efforts to notify the victim.(4) "Victim" means the victim of the crime, or if the victim of the crime is deceased, the next of kin of the victim.  (2006-184, s. 1; 2010-171, s. 5; 2012-7, s. 4; 2016-73, s. 1.)
NC Gen Stat § 15A-1461 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 92 - North Carolina Innocence Inquiry Commission.|§ 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.)
NC Gen Stat § 15A-1462 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 92 - North Carolina Innocence Inquiry Commission.|§ 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 Office of the Courts shall not reduce or modify the budget of the Commission or use funds appropriated to the Commission without the approval of the Commission. The Administrative Office of the Courts shall conduct an annual audit of the Commission.  (2006-184, s. 1; 2010-171, s. 5; 2015-241, s. 18A.16.)
NC Gen Stat § 15A-1463 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 92 - North Carolina Innocence Inquiry Commission.|§ 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 public member who is not an attorney and who is not an officer or employee of the Judicial Department.(6) One shall be a sheriff holding office at the time of his or her appointment.(7) The vocations of the two remaining appointed voting members shall be at the discretion of the Chief Justice.The Chief Justice of the North Carolina Supreme Court shall make the initial appointment for members identified in subdivisions (4) through (6) of this subsection. The Chief Judge of the Court of Appeals shall make the initial appointment for members identified in subdivisions (1) through (3) of this subsection. After an appointee has served his or her first three-year term, the subsequent appointment shall be by the Chief Justice or Chief Judge who did not make the previous appointment. Thereafter, the Chief Justice or Chief Judge shall rotate the appointing power, except for the two discretionary appointments identified by subdivision (7) of this subsection which shall be appointed by the Chief Justice.(b) The appointing authority shall also appoint alternate Commission members for the Commission members he or she has appointed to serve in the event of scheduling conflicts, conflicts of interest, disability, or other disqualification arising in a particular case. The alternate members shall have the same qualifications for appointment as the original member. In making the appointments, the appointing authority shall make a good faith effort to appoint members with different perspectives of the justice system. The appointing authority shall also consider geographical location, gender, and racial diversity in making the appointments.(c) The superior court judge who is appointed as a member under subsection (a) of this section shall serve as Chair of the Commission. The Commission shall have its initial meeting no later than January 31, 2007, at the call of the Chair. The Commission shall meet a minimum of once every six months and may also meet more often at the call of the Chair. The Commission shall meet at such time and place as designated by the Chair. Notice of the meetings shall be given at such time and manner as provided by the rules of the Commission. A majority of the members shall constitute a quorum. All Commission votes shall be by majority vote.  (2006-184, s. 1; 2010-171, s. 5.)
NC Gen Stat § 15A-1464 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 92 - North Carolina Innocence Inquiry Commission.|§ 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 any initial term of less than three years. Unless provided otherwise by this act, all terms of members shall begin on January 1 and end on December 31.Members serving by virtue of elective or appointive office, except for the sheriff, may serve only so long as the officeholders hold those respective offices. The Chief Justice may remove members, with cause. Vacancies occurring before the expiration of a term shall be filled in the manner provided for the members first appointed.(b) The Commission members shall receive no salary for serving. All Commission members shall receive necessary subsistence and travel expenses in accordance with the provisions of G.S. 138-5 and G.S. 138-6, as applicable.  (2006-184, s. 1; 2010-171, s. 5.)
NC Gen Stat § 15A-1465 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 92 - North Carolina Innocence Inquiry Commission.|§ 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 service as Director. The Director shall assist the Commission in developing rules and standards for cases accepted for review, coordinate investigation of cases accepted for review, maintain records for all case investigations, prepare reports outlining Commission investigations and recommendations to the trial court, and apply for and accept on behalf of the Commission any funds that may become available from government grants, private gifts, donations, or devises from any source.(b) Subject to the approval of the Chair, the Director shall employ such other staff and shall contract for services as is necessary to assist the Commission in the performance of its duties, and as funds permit.(c) The Commission may, with the approval of the Legislative Services Commission, meet in the State Legislative Building or the Legislative Office Building, or may meet in an area provided by the Director of the Administrative Office of the Courts. The Director of the Administrative Office of the Courts shall provide office space for the Commission and the Commission staff.  (2006-184, s. 1; 2010-171, s. 5; 2011-284, s. 11; 2016-73, s. 2.)
NC Gen Stat § 15A-1466 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 92 - North Carolina Innocence Inquiry Commission.|§ 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 incarcerated solely for the crime for which he or she claims factual innocence.(3) To coordinate the investigation of cases accepted for review.(4) To maintain records for all case investigations.(5) To prepare written reports outlining Commission investigations and recommendations to the trial court at the completion of each inquiry.(6) To apply for and accept any funds that may become available for the Commission's work from government grants, private gifts, donations, or devises from any source.  (2006-184, s. 1; 2010-171, s. 5; 2011-284, s. 12.)
NC Gen Stat § 15A-1470 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 92 - North Carolina Innocence Inquiry Commission.|§ 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) A claim of factual innocence asserted through the Innocence Inquiry Commission shall not adversely affect the convicted person's rights to other postconviction relief.  (2006-184, s. 1; 2010-171, s. 5.)