§ 15A-1418. Motion for appropriate relief in the appellate division. - North Carolina Statutes

§ 15A‑1418.  Motion forappropriate relief in the appellate division.

(a)        When a case is inthe appellate division for review, a motion for appropriate relief based upongrounds set out in G.S. 15A‑1415 must be made in the appellate division.For the purpose of this section a case is in the appellate division when thejurisdiction of the trial court has been divested as provided in G.S. 15A‑1448,or when a petition for a writ of certiorari has been granted. When a petitionfor a writ of certiorari has been filed but not granted, a copy or writtenstatement of any motion made in the trial court, and of any disposition of themotion, must be filed in the appellate division.

(b)        When a motion forappropriate relief is made in the appellate division, the appellate court mustdecide whether the motion may be determined on the basis of the materialsbefore it, whether it is necessary to remand the case to the trial division fortaking evidence or conducting other proceedings, or, for claims of factualinnocence, whether to refer the case for further investigation to the NorthCarolina Innocence Inquiry Commission established by Article 92 of Chapter 15Aof the General Statutes. If the appellate court does not remand the case forproceedings on the motion, it may determine the motion in conjunction with theappeal and enter its ruling on the motion with its determination of the case.

(c)        The order of remandmust provide that the time periods for perfecting or proceeding with the appealare tolled, and direct that the order of the trial division with regard to themotion be transmitted to the appellate division so that it may proceed with theappeal or enter an appropriate order terminating it. (1977, c. 711, s. 1; 2006‑184,s. 5.)