§ 15A-1422 — Review upon appeal

North Carolina § 15A-1422

• Jurisdiction: North Carolina
• Ch. 15A: Criminal Procedure Act
• Art. 89: Motion for Appropriate Relief and Other Post-Trial Relief
• Subch. XIV: CORRECTION OF ERRORS AND APPEAL

Text

(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.)
§§ 15A-1423 through 15A-1430. Reserved for future codification purposes.

Legislative History

(1977, c. 711, s. 1; 1981, c. 470, s. 3.)