§ 15A-1460 — Definitions

North Carolina § 15A-1460

• Jurisdiction: North Carolina
• Ch. 15A: Criminal Procedure Act
• Art. 92: North Carolina Innocence Inquiry Commission
• Subch. XIV: CORRECTION OF ERRORS AND APPEAL

Text

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.)