reglab/housing_qa huggingface dataset:
NC Gen Stat § 15A-1382.1 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 86 - Reports of Dispositions of Criminal Cases.|§ 15A-1382.1 - Reports of disposition; domestic violence; child abuse; sentencing.

 15A-1382.1. Reports of disposition; domestic violence; child abuse; sentencing.(a) When a defendant is found guilty of an offense involving assault, communicating a threat, or any of the acts as defined in G.S. 50B-1(a), the presiding judge shall determine whether the defendant and victim had a personal relationship. If the judge determines that there was a personal relationship between the defendant and the victim, then the judge shall indicate on the form reflecting the judgment that the case involved domestic violence. The clerk of court shall insure that the official record of the defendant's conviction includes the court's determination, so that any inquiry into the defendant's criminal record will reflect that the offense involved domestic violence.(a1) When a defendant is found guilty of an offense involving child abuse or is found guilty of an offense involving assault or any of the acts as defined in G.S. 50B-1(a) and the offense was committed against a minor, then the judge shall indicate on the form reflecting the judgment that the case involved child abuse. The clerk of court shall ensure that the official record of the defendant's conviction includes the court's determination, so that any inquiry into the defendant's criminal record will reflect that the offense involved child abuse.(b) Repealed by Session Laws 2012-39, s. 2, effective December 1, 2012, and applicable to defendants placed on probation on or after that date.(c) The following definitions apply to this section:(1) "An offense involving assault" includes any offense where an assault occurred, whether or not the conviction is for an offense under Article 8 of Chapter 14 of the General Statutes.(2) "Inquiry" shall include any lawful review of the criminal records of persons convicted of an offense in this State, whether by law enforcement personnel or by private individuals.(3) "Personal relationship" is as defined in G.S. 50B-1(b).  (2004-186, s. 11.1; 2012-39, s. 2; 2013-35, s. 2; 2013-123, s. 2.)
NC Gen Stat § 15A-1382.2 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 86 - Reports of Dispositions of Criminal Cases.|§ 15A-1382.2 - Sentencing court to include in judgment whether firearm was used.

 15A-1382.2. Sentencing court to include in judgment whether firearm was used.When a person is found guilty of a felony offense, the presiding judge shall determine whether the defendant used or displayed a firearm while committing the felony. If the judge determines that the defendant used or displayed a firearm while committing the felony, the sentencing court shall include that fact when entering the judgment that imposes the sentence for the felony conviction.  (2013-369, s. 27.)
NC Gen Stat § 15A-1383 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 86 - Reports of Dispositions of Criminal Cases.|§ 15A-1383 - Plans for implementation of Article; punishment for failure to comply; modification of plan.

 15A-1383. Plans for implementation of Article; punishment for failure to comply; modification of plan.(a) On January 1, 1982, or on the first day of the month following the date on which any superior court district becomes effective under G.S. 7A-41, each senior resident superior court judge shall file a plan with the Director of the State Bureau of Investigation for the implementation of the provisions of this Article. The plan shall be entered as an order of the court on that date. In drawing up the plan, the senior resident superior court judge may consult with any public official having authority within his district or set of districts as defined in G.S. 7A-41.1(a) and with any other persons as he may deem appropriate. Upon the request of the senior resident superior court judge, the State Bureau of Investigation shall provide such technical assistance in the preparation of the plan as the judge desires.(b) A person who is charged by the plan with a duty to make reports who fails to make such reports as required by the plan is punishable for civil contempt under Article 2 of Chapter 5A of the General Statutes.(c) When the senior resident superior court judge modifies, alters or amends a plan under this Article, the order making such modification, alteration or amendment shall be filed with the Director of the State Bureau of Investigation within 10 days of its entry.(d) Plans prepared under this Article are not "rules" within the meaning of Chapter 150B of the General Statutes.  (1981, c. 862, s. 1; 1987 (Reg. Sess., 1988), c. 1037, s. 70; 1989, c. 770, s. 4; 2010-96, s. 6.)
NC Gen Stat § 15A-1401 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 88 - Post-Trial Motions and Appeal.|§ 15A-1401 - Post-trial motions and appeal.

 15A-1401. Post-trial motions and appeal.Relief from errors committed in criminal trials and proceedings and other post-trial relief may be sought by:(1) Motion for appropriate relief, as provided in Article 89.(1a) Motion for innocence claim inquiry as provided in Article 92 of Chapter 15A of the General Statutes.(2) Appeal and trial de novo in misdemeanor cases, as provided in Article 90.(3) Appeal, as provided in Article 91.  (1977, c. 711, s. 1; 2006-184, s. 2; 2010-171, s. 5.)
NC Gen Stat § 15A-1411 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 89 - Motion for Appropriate Relief and Other Post-Trial Relief.|§ 15A-1411 - Motion for appropriate relief.

 15A-1411. Motion for appropriate relief.(a) Relief from errors committed in the trial division, or other post-trial relief, may be sought by a motion for appropriate relief. Procedure for the making of the motion is as set out in G.S. 15A-1420.(b) A motion for appropriate relief, whether made before or after the entry of judgment, is a motion in the original cause and not a new proceeding.(c) The relief formerly available by motion in arrest of judgment, motion to set aside the verdict, motion for new trial, post-conviction proceedings, coram nobis and all other post-trial motions is available by motion for appropriate relief. The availability of relief by motion for appropriate relief is not a bar to relief by writ of habeas corpus.(d) A claim of factual innocence asserted through the North Carolina Innocence Inquiry Commission does not constitute a motion for appropriate relief and does not impact rights or relief provided for in this Article.  (1977, c. 711, s. 1; 2006-184, s. 4; 2010-171, s. 5.)
NC Gen Stat § 15A-1412 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 89 - Motion for Appropriate Relief and Other Post-Trial Relief.|§ 15A-1412 - Provisions of Article procedural.

 15A-1412. Provisions of Article procedural.The provision in this Article for the right to seek relief by motion for appropriate relief is procedural and is not determinative of the question of whether the moving party is entitled to the relief sought or to other appropriate relief. (1977, c. 711, s. 1.)
NC Gen Stat § 15A-1413 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 89 - Motion for Appropriate Relief and Other Post-Trial Relief.|§ 15A-1413 - Trial judges empowered to act; assignment of motions for appropriate relief.

 15A-1413. Trial judges empowered to act; assignment of motions for appropriate relief.(a) A motion for appropriate relief made pursuant to G.S. 15A-1415 may be heard and determined in the trial division by any judge who (i) is empowered to act in criminal matters in the district court district as defined in G.S. 7A-133 or superior court district or set of districts as defined in G.S. 7A-41.1, as the case may be, in which the judgment was entered and (ii) is assigned pursuant to this section to review the motion for appropriate relief and take the appropriate administrative action to dispense with the motion.(b) The judge who presided at the trial is empowered to act upon a motion for appropriate relief made pursuant to G.S. 15A-1414. The judge may act even though the judge is in another district or even though the judge's commission has expired; however, if the judge who presided at the trial is still unavailable to act, the senior resident superior court judge or the chief district court judge, as appropriate, shall assign a judge who is empowered to act under subsection (a) of this section.(c) Repealed by Session Laws 2012-168, s. 2(a), effective December 1, 2012.(d) All motions for appropriate relief filed in superior court shall, when filed, be referred to the senior resident superior court judge, who shall assign the motion as provided by this section for review and administrative action, including, as may be appropriate, dismissal, calendaring for hearing, entry of a scheduling order for subsequent events in the case, including disclosure of expert witness information described in G.S. 15A-903(a)(2) and G.S. 15A-905(c)(2) for expert witnesses reasonably expected to be called at a hearing on the motion, or other appropriate actions.All motions for appropriate relief filed in district court shall, when filed, be referred to the chief district court judge, who shall assign the motion as provided by this section for review and administrative action, including, as may be appropriate, dismissal, calendaring for hearing, entry of a scheduling order for subsequent events in the case, or other appropriate actions.(e) The assignment of a motion for appropriate relief filed under G.S. 15A-1415 is in the discretion of the senior resident superior court judge or chief district court judge as appropriate.  (1977, c. 711, s. 1; 1987 (Reg. Sess., 1988), c. 1037, s. 71; 2012-168, s. 2(a); 2017-176, s. 1(a).)
NC Gen Stat § 15A-1414 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 89 - Motion for Appropriate Relief and Other Post-Trial Relief.|§ 15A-1414 - Motion by defendant for appropriate relief made within 10 days after verdict.

 15A-1414. Motion by defendant for appropriate relief made within 10 days after verdict.(a) After the verdict but not more than 10 days after entry of judgment, the defendant by motion may seek appropriate relief for any error committed during or prior to the trial.(b) Unless included in G.S. 15A-1415, all errors, including but not limited to the following, must be asserted within 10 days after entry of judgment:(1) Any error of law, including the following:a. The court erroneously failed to dismiss the charge prior to trial pursuant to G.S. 15A-954.b. The court's ruling was contrary to law with regard to motions made before or during the trial, or with regard to the admission or exclusion of evidence.c. The evidence, at the close of all the evidence, was insufficient to justify submission of the case to the jury, whether or not a motion so asserting was made before verdict.d. The court erroneously instructed the jury.(2) The verdict is contrary to the weight of the evidence.(3) For any other cause the defendant did not receive a fair and impartial trial.(4) The sentence imposed on the defendant is not supported by evidence introduced at the trial and sentencing hearing. This motion must be addressed to the sentencing judge.(c) The motion may be made and acted upon in the trial court whether or not notice of appeal has been given. (1977, c. 711, s. 1; 1979, c. 760, s. 3; 1981, c. 179, s. 6.)
NC Gen Stat § 15A-1416 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 89 - Motion for Appropriate Relief and Other Post-Trial Relief.|§ 15A-1416 - Motion by the State for appropriate relief.

 15A-1416. Motion by the State for appropriate relief.(a) After the verdict but not more than 10 days after entry of judgment, the State by motion may seek appropriate relief for any error which it may assert upon appeal.(b) At any time after verdict the State may make a motion for appropriate relief for:(1) The imposition of sentence when prayer for judgment has been continued and grounds for the imposition of sentence are asserted.(2) The initiation of any proceeding authorized under Article 82, Probation; Article 83, Imprisonment; and Article 84, Fines, with regard to the modification of sentences. The procedural provisions of those Articles are controlling. (1977, c. 711, s. 1.)
NC Gen Stat § 15A-1417 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 89 - Motion for Appropriate Relief and Other Post-Trial Relief.|§ 15A-1417 - Relief available.

 15A-1417. Relief available.(a) The following relief is available when the court grants a motion for appropriate relief:(1) New trial on all or any of the charges.(2) Dismissal of all or any of the charges.(3) The relief sought by the State pursuant to G.S. 15A-1416.(3a) For claims of factual innocence, referral to the North Carolina Innocence Inquiry Commission established by Article 92 of Chapter 15A of the General Statutes.(4) Any other appropriate relief.(b) When relief is granted in the trial court and the offense is divided into degrees or necessarily includes lesser offenses, and the court is of the opinion that the evidence does not sustain the verdict but is sufficient to sustain a finding of guilty of a lesser degree or of a lesser offense necessarily included in the one charged, the court may, with consent of the State, accept a plea of guilty to the lesser degree or lesser offense.(c) If resentencing is required, the trial division may enter an appropriate sentence. If a motion is granted in the appellate division and resentencing is required, the case must be remanded to the trial division for entry of a new sentence.  (1977, c. 711, s. 1; 2006-184, s. 3; 2010-171, s. 5.)
NC Gen Stat § 15A-1418 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 89 - Motion for Appropriate Relief and Other Post-Trial Relief.|§ 15A-1418 - Motion for appropriate relief in the appellate division.

 15A-1418. Motion for appropriate relief in the appellate division.(a) When a case is in the appellate division for review, a motion for appropriate relief based upon grounds set out in G.S. 15A-1415 must be made in the appellate division. For the purpose of this section a case is in the appellate division when the jurisdiction of the trial court has been divested as provided in G.S. 15A-1448, or when a petition for a writ of certiorari has been granted. When a petition for a writ of certiorari has been filed but not granted, a copy or written statement of any motion made in the trial court, and of any disposition of the motion, must be filed in the appellate division.(b) When a motion for appropriate relief is made in the appellate division, the appellate court must decide whether the motion may be determined on the basis of the materials before it, whether it is necessary to remand the case to the trial division for taking evidence or conducting other proceedings, or, for claims of factual innocence, whether to refer the case for further investigation to the North Carolina Innocence Inquiry Commission established by Article 92 of Chapter 15A of the General Statutes. If the appellate court does not remand the case for proceedings on the motion, it may determine the motion in conjunction with the appeal and enter its ruling on the motion with its determination of the case.(c) The order of remand must provide that the time periods for perfecting or proceeding with the appeal are tolled, and direct that the order of the trial division with regard to the motion be transmitted to the appellate division so that it may proceed with the appeal or enter an appropriate order terminating it.  (1977, c. 711, s. 1; 2006-184, s. 5; 2010-171, s. 5.)
NC Gen Stat § 15A-1421 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 89 - Motion for Appropriate Relief and Other Post-Trial Relief.|§ 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.)
NC Gen Stat § 15A-1422 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 89 - Motion for Appropriate Relief and Other Post-Trial Relief.|§ 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 relief pursuant to G.S. 15A-1415 is subject to review:(1) If the time for appeal from the conviction has not expired, by appeal.(2) If an appeal is pending when the ruling is entered, in that appeal.(3) If the time for appeal has expired and no appeal is pending, by writ of certiorari.(d) There is no right to appeal from the denial of a motion for appropriate relief when the movant is entitled to a trial de novo upon appeal.(e) When an error asserted upon appeal has also been the subject of a motion for appropriate relief, denial of the motion has no effect on the right to assert error upon appeal.(f) Decisions of the Court of Appeals on motions for appropriate relief that embrace matter set forth in G.S. 15A-1415(b) are final and not subject to further review by appeal, certification, writ, motion, or otherwise. (1977, c. 711, s. 1; 1981, c. 470, s. 3.)
NC Gen Stat § 15A-1432 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 90 - Appeals from Magistrates and District Court Judges.|§ 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 motion for a new trial on the ground of newly discovered or newly available evidence but only on questions of law.(b) When the State appeals pursuant to subsection (a) the appeal is by written motion specifying the basis of the appeal made within 10 days after the entry of the judgment in the district court. The motion must be filed with the clerk and a copy served upon the defendant.(c) The motion may be heard by any judge of superior court having authority for the trial of criminal cases in the district. The State and the defendant are entitled to file briefs and are entitled to adequate time for their preparation, consonant with the expeditious handling of the appeal.(d) If the superior court finds that a judgment, ruling, or order dismissing criminal charges in the district court was in error, it must reinstate the charges and remand the matter to district court for further proceedings. The defendant may appeal this order to the appellate division as in the case of other orders of the superior court, including by an interlocutory appeal if the defendant, or his attorney, certifies to the superior court judge who entered the order that the appeal is not taken for the purpose of delay and if the judge finds the cause is appropriately justiciable in the appellate division as an interlocutory matter.(e) If the superior court finds that the order of the district court was correct, it must enter an order affirming the judgment of the district court. The State may appeal the order of the superior court to the appellate division upon certificate by the district attorney to the judge who affirmed the judgment that the appeal is not taken for the purpose of delay. (1977, c. 711, s. 1; 1987, c. 398.)
NC Gen Stat § 15A-1441 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 91 - Appeal to Appellate Division.|§ 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.)
NC Gen Stat § 15A-1442 (2021)
2021 North Carolina General Statutes|Chapter 15A - Criminal Procedure Act|Article 91 - Appeal to Appellate Division.|§ 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. - Failure to charge a crime, in that:a. The criminal pleading charged acts which at the time they were committed did not constitute a violation of criminal law; orb. The pleading fails to state essential elements of an alleged violation as required by G.S. 15A-924(a)(5).(3) Insufficiency of the Evidence. - The evidence was insufficient as a matter of law.(4) Errors in Procedure. -a. There has been a denial of pretrial motions or relief to which the defendant is entitled, so as to affect the defendant's preparation or presentation of his defense, to his prejudice.b. There has been a denial of a trial motion or relief to which the defendant is entitled, to his prejudice.c. There has been error in the admission or exclusion of evidence, to the prejudice of the defendant.d. There has been error in the judge's instructions to the jury, to the prejudice of the defendant.e. There has been a denial of a post-trial motion or relief to which the defendant is entitled, to his prejudice. This provision is subject to the provisions of G.S. 15A-1422.(5) Constitutionally Invalid Procedure or Statute; Prosecution for Constitutionally Protected Conduct. -a. The conviction was obtained by a violation of the Constitution of the United States or of the Constitution of North Carolina.b. The defendant was convicted under a statute that is in violation of the Constitution of the United States or the Constitution of North Carolina.c. The conduct for which the defendant was prosecuted was protected by the Constitution of the United States or the Constitution of North Carolina.(5a) Insufficient Basis for Sentence. - The sentence imposed on the defendant is not supported by evidence introduced at the trial and sentencing hearing.(5b) Violation of Sentencing Structure. - The sentence imposed:a. Results from an incorrect finding 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; orc. 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 or offense and prior record or conviction level.(6) Other Errors of Law. - Any other error of law was committed by the trial court to the prejudice of the defendant. (1977, c. 711, s. 1; 1979, c. 760, s. 3; 1993, c. 538, s. 26; 1994, Ex. Sess., c. 24, s. 14(b).)