Category: MAR

New Limits on MARs in Noncapital Cases (August 12, 2025)

My colleagues have been blogging about some of the changes to our criminal law wrought by recent legislation. Session Law 2025-70 also amends G.S. 15A-1415, which governs the grounds that a defendant may assert by motion for appropriate relief (MAR), and establishes limitations as to time. Whereas the statute previously listed grounds that a defendant may assert by MAR at any time after the verdict, the recent amendments create a seven-year limit on most noncapital MARs. This post addresses the changes to G.S. 15A-1415 (effective Dec. 1, 2025).

READ POST "New Limits on MARs in Noncapital Cases (August 12, 2025)"

When is a Procedural Bar Not a Procedural Bar? MARs, Gatekeeper Orders, and the Procedural Bar (June 2, 2021)

We get a lot of questions about motions for appropriate relief (“MARs”). Post-conviction can be a daunting area for practitioners and judges alike. On the state and federal levels, the procedural issues alone can feel like a maze. A recent(ish) case from the Court of Appeals, State v. Blake, ___ N.C. App. ___, 853 S.E.2d 838 (Dec. 31, 2020), shines some light on aspects of the procedural bar in state post-conviction proceedings and is the subject of today’s post.

READ POST "When is a Procedural Bar Not a Procedural Bar? MARs, Gatekeeper Orders, and the Procedural Bar (June 2, 2021)"