State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1414

§15A‑1414.  Motion by defendant for appropriate relief made within 10 daysafter verdict.

(a)        After the verdictbut not more than 10 days after entry of judgment, the defendant by motion mayseek appropriate relief for any error committed during or prior to the trial.

(b)        Unless included inG.S. 15A‑1415, all errors, including but not limited to the following,must be asserted within 10 days after entry  of judgment:

(1)        Any error of law,including the following:

a.         The courterroneously failed to dismiss the charge prior to trial pursuant to G.S. 15A‑954.

b.         The court's rulingwas contrary to law with regard to motions made before or during the trial, orwith regard to the admission or exclusion of evidence.

c.         The evidence, at theclose of all the evidence, was insufficient to justify submission of the caseto the jury, whether or not a motion so asserting was made before verdict.

d.         The courterroneously instructed the jury.

(2)        The verdict iscontrary to the weight of the evidence.

(3)        For any other causethe defendant did not receive a fair and  impartial trial.

(4)        The sentence imposedon the defendant is not supported by evidence introduced at the trial andsentencing hearing. This motion must be addressed to the sentencing judge.

(c)        The motion may bemade and acted upon in the trial court whether or not notice of appeal has beengiven. (1977, c. 711, s. 1; 1979, c. 760, s. 3; 1981, c. 179,s. 6.)