State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-2012

§ 15A‑2012.  Hearingprocedure.

(a)        The defendant shallstate with particularity how the evidence supports a claim that race was asignificant factor in decisions to seek or impose the sentence of death in thecounty, the prosecutorial district, the judicial division, or the State at thetime the death sentence was sought or imposed.

(1)        The claim shall beraised by the defendant at the pretrial conference required by Rule 24 of theGeneral Rules of Practice for the Superior and District Courts or in postconvictionproceedings pursuant to Article 89 of Chapter 15A of the General Statutes.

(2)        The court shallschedule a hearing on the claim and shall prescribe a time for the submissionof evidence by both parties.

(3)        If the court findsthat race was a significant factor in decisions to seek or impose the sentenceof death in the county, the prosecutorial district, the judicial division, orthe State at the time the death sentence was sought or imposed, the court shallorder that a death sentence not be sought, or that the death sentence imposedby the judgment shall be vacated and the defendant resentenced to lifeimprisonment without the possibility of parole.

(b)        Notwithstanding anyother provision or time limitation contained in Article 89 of Chapter 15A ofthe General Statutes, a defendant may seek relief from the defendant's deathsentence upon the ground that racial considerations played a significant partin the decision to seek or impose a death sentence by filing a motion seekingrelief.

(c)        Except as specificallystated in subsections (a) and (b) of this section, the procedures and hearingon the motion seeking relief from a death sentence upon the ground that racewas a significant factor in decisions to seek or impose the sentence of deathin the county, the prosecutorial district, the judicial division, or the Stateat the time the death sentence was sought or imposed shall follow and complywith G.S. 15A‑1420, 15A‑1421, and 15A‑1422.  (2009‑464, s. 1.)