State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1443

§15A‑1443.  Existence and showing of prejudice.

(a)        A defendant isprejudiced by errors relating to rights arising other than under theConstitution of the United States when there is a reasonable possibility that,had the error in question not been committed, a different result would havebeen reached at the trial out of which the appeal arises. The burden of showingsuch prejudice under this subsection is upon the defendant. Prejudice alsoexists in any instance in which it is deemed to exist as a matter of law orerror is deemed reversible per se.

(b)        A violation of thedefendant's rights under the Constitution of the United States is prejudicialunless the appellate court finds that it was harmless beyond a reasonabledoubt. The burden is upon the State to demonstrate, beyond a reasonable doubt,that the error was harmless.

(c)        A defendant is notprejudiced by the granting of relief which he has sought or by error resultingfrom his own conduct. (1977, c. 711, s. 1.)