State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1446

§15A‑1446.  Requisites for preserving the right to appellate review.

(a)        Except as providedin subsection (d), error may not be asserted upon appellate review unless theerror has been brought to the attention of the trial court by appropriate andtimely objection or motion. No particular form is required in order to preservethe right to assert the alleged error upon appeal if the motion or objectionclearly presented the alleged error to the trial court. Formal exceptions arenot required, but when evidence is excluded a record must be made in the mannerprovided in G.S. 1A‑1, Rule 43(c), in order to assert upon appeal errorin the exclusion of that evidence.

(b)        Failure to make anappropriate and timely motion or objection constitutes a waiver of the right toassert the alleged error upon appeal, but the appellate court may review sucherrors affecting substantial rights in the interest of justice if it determinesit appropriate to do so.

(c)        The making of post‑trialmotions is not a prerequisite to the assertion of error on appeal.

(d)        Errors based uponany of the following grounds, which are asserted to have occurred, may be thesubject of appellate review even though no objection, exception or motion hasbeen made in the trial division.

(1)        Lack of jurisdictionof the trial court over the offense of which the defendant was convicted.

(2)        Lack of jurisdictionof the trial court over the person of the defendant.

(3)        The criminalpleading charged acts which, at the time they were committed, did not constitutea violation of criminal law.

(4)        The pleading failsto state essential elements of an alleged  violation, as required by G.S. 15A‑924(a)(5).

(5)        The evidence wasinsufficient as a matter of law.

(6)        The defendant wasconvicted under a statute that is in violation of the Constitution of theUnited States or the Constitution of North Carolina.

(7)        Repealed by SessionLaws 1977, 2nd Sess., c. 1147, s. 28.

(8)        The conduct forwhich the defendant was prosecuted was protected by the Constitution of theUnited States or the Constitution of North Carolina.

(9)        Subsequent admissionof evidence from a witness when there has been an improperly overruledobjection to the admission of evidence on the ground that the witness is for aspecified reason incompetent or not qualified or disqualified.

(10)      Subsequent admissionof evidence involving a specified line of questioning when there has been animproperly overruled objection to the admission of evidence involving that lineof questioning.

(11)      Questions propoundedto a witness by the court or a juror.

(12)      Rulings and orders ofthe court, not directed to the admissibility of evidence during trial, whenthere has been no opportunity to make an objection or motion.

(13)      Error of law in thecharge to the jury.

(14)      The court hasexpressed to the jury an opinion as to whether a fact is fully or sufficientlyproved.

(15)      The defendant was notpresent at any proceeding at which his presence was required.

(16)      Error occurred in theentry of the plea.

(17)      The form of the verdictwas erroneous.

(18)      The sentence imposedwas unauthorized at the time imposed, exceeded the maximum authorized by law,was illegally imposed, or is otherwise invalid as a matter of law.

(19)      A significant changein law, either substantive or procedural, applies to the proceedings leading tothe defendant's conviction or sentence, and retroactive application of thechanged legal standard is required. (1977, c. 711, s. 1; 1977,2nd Sess., c. 1147, s. 28; 1983 (Reg. Sess., 1984), c. 1037, s. 1.)