North Carolina § 15A-1062 Mistrial for prejudice to the State

North Carolina Statutes

§ 15A-1062 — Mistrial for prejudice to the State

North Carolina § 15A-1062

Ch. 15ACriminal Procedure Act

Art. 62Mistrial

Subch. XGENERAL TRIAL PROCEDURE

This text of North Carolina § 15A-1062 (Mistrial for prejudice to the State) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 15A-1062 (2026).

Text

Upon motion of the State, the judge may declare a mistrial if there occurs during the trial, either inside or outside the courtroom, misconduct resulting in substantial and irreparable prejudice to the State's case and the misconduct was by a juror or the defendant, his lawyer, or someone acting at the behest of the defendant or his lawyer. If there are two or more defendants, the mistrial may not be declared as to a defendant who does not join in the motion of the State if:

(1)Neither he, his lawyer, nor a person acting at his or his lawyer's behest participated in the misconduct; or

(2)The State's case is not substantially and irreparably prejudiced as to him. (1977, c. 711, s. 1.)

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Upon motion of the State, the judge may declare a mistrial if there occurs during the trial, either inside or outside the courtroom, misconduct resulting in substantial and irreparable prejudice to the State's case and the misconduct was by a juror or the defendant, his lawyer, or someone acting at the behest of the defendant or his lawyer. If there are two or more defendants, the mistrial may not be declared as to a defendant who does not join in the motion of the State if:
(1) Neither he, his lawyer, nor a person acting at his or his lawyer's behest participated in the misconduct; or
(2) The State's case is not substantially and irreparably prejudiced as to him. (1977, c. 711, s. 1.)