North Carolina General Statutes 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 N.C. Gen. Stat. § 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 N.C. Gen. Stat. § 15A-1415 is subject to review:
(1) If the time for appeal from the conviction has not expired, by appeal.
Terms Used In North Carolina General Statutes 15A-1422
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Conviction: A judgement of guilt against a criminal defendant.
- Entered: means signed and filed in the office of the clerk of superior court of the county in which the document is to be entered. See North Carolina General Statutes 15A-101.1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on 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 N.C. Gen. Stat. § 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.)