State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1469

§ 15A‑1469. Postcommission three‑judge panel.

(a)        If the Commissionconcludes there is sufficient evidence of factual innocence to merit judicialreview, the Chair of the Commission shall request the Chief Justice to appointa three‑judge panel, not to include any trial judge that has hadsubstantial previous involvement in the case, and issue commissions to themembers of the three‑judge panel to convene a special session of thesuperior court of the original jurisdiction to hear evidence relevant to the Commission'srecommendation. The senior judge of the panel shall preside.

(b)        The senior residentsuperior court judge shall enter an order setting the case for hearing at thespecial session of superior court for which the three‑judge panel iscommissioned and shall require the State to file a response to the Commission'sopinion within 60 days of the date of the order.

(c)        The districtattorney of the district of conviction, or the district attorney's designee,shall represent the State at the hearing before the three‑judge panel.

(d)        The three‑judgepanel shall conduct an evidentiary hearing. At the hearing, the court maycompel the testimony of any witness, including the convicted person. Theconvicted person may not assert any privilege or prevent a witness fromtestifying. The convicted person has a right to be present at the evidentiaryhearing and to be represented by counsel. A waiver of the right to be presentshall be in writing.

(e)        The senior residentsuperior court judge shall determine the convicted person's indigency statusand, if appropriate, enter an order for the appointment of counsel. The courtmay also enter an order relieving an indigent convicted person of all or aportion of the costs of the proceedings.

(f)         The clerk of courtshall provide written notification to the victim 30 days prior to any case‑relatedhearings.

(g)        Upon the motion ofeither party, the senior judge of the panel may direct the attorneys for theparties to appear before him or her for a conference on any matter in the case.

(h)        The three‑judgepanel shall rule as to whether the convicted person has proved by clear andconvincing evidence that the convicted person is innocent of the charges. Sucha determination shall require a unanimous vote. If the vote is unanimous, thepanel shall enter dismissal of all or any of the charges. If the vote is notunanimous, the panel shall deny relief. (2006‑184, s. 1.)