North Carolina General Statutes 15A-1442. Grounds for correction of error by appellate division
The following constitute grounds for correction of errors by the appellate division.
(1) Lack of Jurisdiction. –
a. The trial court lacked jurisdiction over the offense.
b. The trial court did not have jurisdiction over the person of the defendant.
Terms Used In North Carolina General Statutes 15A-1442
- 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.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) Error in the Criminal Pleading. – Failure to charge a crime, in that:
a. The criminal pleading charged acts which at the time they were committed did not constitute a violation of criminal law; or
b. The pleading fails to state essential elements of an alleged violation as required by N.C. Gen. Stat. § 15A-924(a)(5).
(3) Insufficiency of the Evidence. – The evidence was insufficient as a matter of law.
(4) Errors in Procedure. –
a. There has been a denial of pretrial motions or relief to which the defendant is entitled, so as to affect the defendant’s preparation or presentation of his defense, to his prejudice.
b. There has been a denial of a trial motion or relief to which the defendant is entitled, to his prejudice.
c. There has been error in the admission or exclusion of evidence, to the prejudice of the defendant.
d. There has been error in the judge’s instructions to the jury, to the prejudice of the defendant.
e. There has been a denial of a post-trial motion or relief to which the defendant is entitled, to his prejudice. This provision is subject to the provisions of N.C. Gen. Stat. § 15A-1422
(5) Constitutionally Invalid Procedure or Statute; Prosecution for Constitutionally Protected Conduct. –
a. The conviction was obtained by a violation of the Constitution of the United States or of the Constitution of North Carolina.
b. The defendant was convicted under a statute that is in violation of the Constitution of the United States or the Constitution of North Carolina.
c. The conduct for which the defendant was prosecuted was protected by the Constitution of the United States or the Constitution of North Carolina.
(5a) Insufficient Basis for Sentence. – The sentence imposed on the defendant is not supported by evidence introduced at the trial and sentencing hearing.
(5b) Violation of Sentencing Structure. – The sentence imposed:
a. Results from an incorrect finding of the defendant’s prior record level under N.C. Gen. Stat. § 15A-1340.14 or the defendant’s prior conviction level under N.C. Gen. Stat. § 15A-1340.21;
b. Contains a type of sentence disposition that is not authorized by N.C. Gen. Stat. § 15A-1340.17 or N.C. Gen. Stat. § 15A-1340.23 for the defendant’s class of offense and prior record or conviction level; or
c. Contains a term of imprisonment that is for a duration not authorized by N.C. Gen. Stat. § 15A-1340.17 or N.C. Gen. Stat. § 15A-1340.23 for the defendant’s class or offense and prior record or conviction level.
(6) Other Errors of Law. – Any other error of law was committed by the trial court to the prejudice of the defendant. (1977, c. 711, s. 1; 1979, c. 760, s. 3; 1993, c. 538, s. 26; 1994, Ex. Sess., c. 24, s. 14(b).)