New Limits on MARs in Noncapital Cases
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 […]
August 16, 2021
Case Summaries – N.C. Supreme Court (August 13, 2021)
This post summarizes criminal decisions released by the Supreme Court of North Carolina on August 13, 2021.
June 2, 2021
When is a Procedural Bar Not a Procedural Bar? MARs, Gatekeeper Orders, and the Procedural Bar
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 […]
May 18, 2015
State Supreme Court on State’s Ability to Obtain Review of MAR Rulings
Last month, the Supreme Court of North Carolina decided State v. Stubbs, an important case regarding appellate review of orders granting motions for appropriate relief.
October 8, 2013
Remember Those Timelines for Non-Capital Motions for Appropriate Relief?
They are gone. In a blog post here I wrote about 2012 North Carolina legislation imposing tight new timelines for judges handling post-conviction motions for appropriate relief. When I had […]
August 19, 2013
NC Court Takes a Restrictive View of “Significant Change in the Law” MARs
In a bulletin here I wrote about NC’s procedure for post-conviction motions for appropriate relief (MARs). Among other things, that bulletin explains the types of claims that can be raised […]
March 27, 2013
Claims That Survive an Unconditional Guilty Plea
A lot of defendants plead guilty. And many of those defendants later try to challenge their pleas through the post-conviction process. Not surprisingly then, I get a lot of questions […]
October 29, 2012
Tight New Timelines for Motions for Appropriate Relief
In 2012, the N.C. General Assembly enacted new case processing rules for motions for appropriate relief. See S.L. 2012-168. The new rules put the judges on a pretty tight leash […]
April 16, 2012
A Defense Win on a Newly Discovered Evidence Claim
I’m guessing that the criminal defense bar thinks that they have more strikes than hits in post-conviction proceedings. But a recent Court of Appeals case reminds us that it is […]
April 4, 2012
Can the State Obtain Appellate Review of a Judge’s Order Granting a Defendant’s MAR?
I’ve been asked a couple of times recently whether the state can obtain appellate review of a judge’s order granting a defendant’s motion for appropriate relief, or MAR. The questions […]
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