reglab/statecodes huggingface dataset:
2023 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.)
2023 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(c) Repealed by Session Laws 2012-168, s. 2(a), effective December 1, 2012.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).)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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; or
b. 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; or
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 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).)
2023 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.)
2023 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; or
d. 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).)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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).)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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. The acceptance of private gifts, donations, and devises shall not create any obligation for the Commission.
(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; 2023-74, s. 1(a).)
2023 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.)
2023 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.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 92 - North Carolina Innocence Inquiry Commission. › § 15A-1471 - Preservation of files and evidence; production of files and evidence; forensic and DNA testing.

§ 15A-1471. Preservation of files and evidence; production of files and evidence; forensic and DNA testing.
(a) Upon receiving written notice from the Commission of a Commission inquiry, the State shall preserve all files and evidence subject to disclosure under G.S. 15A-903. Once the Commission provides written notice to the State that the Commission's inquiry is complete, the duty to preserve under this section shall cease; however, other preservation requirements may be applicable.
(b) The Commission is entitled to a copy of all records preserved under subsection (a) of this section, including access to inspect and examine all physical evidence.
(c) Upon request of the Commission, the State shall transfer custody of physical evidence to the Commission's Director, or the Director's designee, for forensic and DNA testing. The Commission shall preserve evidence in a manner reasonably calculated to prevent contamination or degradation of any biological evidence that might be present, while subject to a continuous chain of custody and securely retained with sufficient official documentation to locate the evidence. At or prior to the completion of the Commission's inquiry, the Commission shall return all remaining evidence.
(d) The Commission shall have the right to subject physical evidence to forensic and DNA testing, including consumption of biological material, as necessary for the Commission's inquiry. If testing complies with FBI requirements and the data meets NDIS criteria, profiles obtained from the testing shall be searched and uploaded to CODIS. The Commission shall incur all costs associated with ensuring compliance with FBI requirements and NDIS criteria. (2012-7, s. 10.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 92 - North Carolina Innocence Inquiry Commission. › § 15A-1475 - Reports.

§ 15A-1475. Reports.
The North Carolina Innocence Inquiry Commission shall report annually by February 1 of each year on its activities to the Joint Legislative Oversight Committee on Justice and Public Safety. The report shall include a record of the receipt and expenditures of all private donations, gifts, and devises for the reporting period. The report may contain recommendations of any needed legislative changes related to the activities of the Commission. The report shall recommend the funding needed by the Commission, the district attorneys, and the State Bureau of Investigation in order to meet their responsibilities under S.L. 2006-184. Recommendations concerning the district attorneys or the State Bureau of Investigation shall only be made after consultations with the North Carolina Conference of District Attorneys and the Director of the State Bureau of Investigation. (2006-184, s. 9; 2011-291, s. 2.4; 2014-100, ss. 17.1(p), 18B.1(f); 2022-47, s. 21(c); 2022-74, s. 16.3(c); 2023-74, s. 1(a).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 100 - Capital Punishment. › § 15A-2001 - Capital offenses; plea of guilty.

§ 15A-2001. Capital offenses; plea of guilty.
(a) Any defendant who has been indicted for an offense punishable by death may enter a plea of guilty at any time after the indictment.
(b) If the defendant enters a guilty plea to first degree murder and the State has not given notice of intent to seek the death penalty as provided in G.S. 15A-2004 or the State has agreed to accept a sentence of life imprisonment where it initially gave notice of intent to seek the death penalty, then the court shall sentence the person to life imprisonment. The defendant may plead guilty to first degree murder and the State may agree to accept a sentence of life imprisonment, even if evidence of an aggravating circumstance exists.
(c) If the defendant enters a guilty plea to first degree murder and the State has given notice of its intent to seek the death penalty, then the court may sentence the defendant to life imprisonment or to death pursuant to the procedures of G.S. 15A-2000. Before sentencing the defendant in a case in which the State has given notice of its intent to seek the death penalty, the presiding judge shall impanel a jury for the limited purpose of hearing evidence and determining a sentence recommendation as to the appropriate sentence pursuant to G.S. 15A-2000. The jury's sentence recommendation in cases where the defendant pleads guilty and the State has given notice of its intent to seek the death penalty shall be determined under the same procedure of G.S. 15A-2000 applicable to defendants who have been tried and found guilty by a jury. (1977, c. 406, s. 2; 2001-81, s. 2.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 100 - Capital Punishment. › § 15A-2002 - Capital offenses; jury verdict and sentence.

§ 15A-2002. Capital offenses; jury verdict and sentence.
If the recommendation of the jury is that the defendant be sentenced to death, the judge shall impose a sentence of death in accordance with the provisions of Chapter 15, Article 19 of the General Statutes. If the recommendation of the jury is that the defendant be imprisoned for life in the State's prison, the judge shall impose a sentence of imprisonment for life in the State's prison, without parole.
The judge shall instruct the jury, in words substantially equivalent to those of this section, that a sentence of life imprisonment means a sentence of life without parole. (1977, c. 406, s. 2; 1993, c. 538, s. 29; 1994, Ex. Sess., c. 21, s. 5; c. 24, s. 14(b).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 100 - Capital Punishment. › § 15A-2003 - Disability of trial judge.

§ 15A-2003. Disability of trial judge.
In the event that the trial judge shall become disabled or unable to conduct the sentencing proceeding provided in this Article, the Chief Justice shall designate a judge to conduct such proceeding. (1977, c. 406, s. 2.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 100 - Capital Punishment. › § 15A-2004 - Prosecutorial discretion.

§ 15A-2004. Prosecutorial discretion.
(a) The State, in its discretion, may elect to try a defendant capitally or noncapitally for first degree murder, even if evidence of an aggravating circumstance exists. The State may agree to accept a sentence of life imprisonment for a defendant at any point in the prosecution of a capital felony, even if evidence of an aggravating circumstance exists.
(b) A sentence of death may not be imposed upon a defendant convicted of a capital felony unless the State has given notice of its intent to seek the death penalty. Notice of intent to seek the death penalty shall be given to the defendant and filed with the court on or before the date of the pretrial conference in capital cases required by Rule 24 of the General Rules of Practice for the Superior and District Courts, or the arraignment, whichever is later. A court may discipline or sanction the State for failure to comply with the time requirements in Rule 24, but shall not declare a case as noncapital as a consequence of such failure. In addition to any discipline or sanctions the court may impose, the court shall continue the case for a sufficient time so that the defendant is not prejudiced by any delays in holding the hearing required by Rule 24.
(c) If the State has not given notice of its intent to seek the death penalty prior to trial, the trial shall be conducted as a noncapital proceeding, and the court, upon adjudication of the defendant's guilt of first degree murder, shall impose a sentence of life imprisonment.
(d) Notwithstanding any other provision of Article 100 of Chapter 15A of the General Statutes, the State may agree to accept a sentence of life imprisonment for a defendant upon remand from the Supreme Court of North Carolina of a capital case for resentencing or upon an order of resentencing by a court in a State or federal post-conviction proceeding. If the State exercises its discretion and does agree to accept a sentence of life imprisonment for the defendant, then the court shall impose a sentence of life imprisonment. (2001-81, s. 3; 2012-136, s. 2.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-1 - Short title.

§ 15B-1. Short title.
This Article may be cited as the "North Carolina Crime Victims Compensation Act." (1983, c. 832, s. 1; 1991, c. 301, s. 1; 2004-159, s. 1.)