North Carolina Statutes
§ 15A-1443 — Existence and showing of prejudice
North Carolina·Ch. 15A Criminal Procedure Act·Art. 91 Appeal to Appellate Division·Subch. XIV CORRECTION OF ERRORS AND APPEAL
(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 de
Free access — add to your briefcase to read the full text and ask questions with AI
North Carolina § 15A-1443 (Existence and showing of prejudice) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Nearby Sections
15
§ 15A-1007
Supplemental hearings§ 15A-1008
Dismissal of charges§ 15A-101
Definitions§ 15A-1012
Aid of counsel; time for deliberation