NORTH CAROLINA SUPERIOR COURT — POST-CONVICTION RELIEF

Motion for Appropriate Relief (MAR)

G.S. 15A-1411 through G.S. 15A-1422 · Fill in case details, select grounds, and download a court-ready PDF instantly.
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01 ATTORNEY INFORMATION
02 CASE INFORMATION
MAR must be filed in Superior Court. G.S. 15A-1411(b). If the original conviction was in District Court, it must have been appealed to Superior Court before a MAR may be filed.
03 GROUNDS FOR RELIEF
04 STATEMENT OF FACTS
05 RELIEF REQUESTED
06 CERTIFICATE OF SERVICE

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MAR — KEY RULES

  • MAR must be filed in Superior Court — G.S. 15A-1411(b)
  • No time limit for constitutional violations or newly discovered evidence
  • Defendant must show both error and prejudice
  • Court must hold hearing if defendant makes a sufficient showing — G.S. 15A-1420(c)
  • If denied, appeal to NC Court of Appeals within 30 days — G.S. 15A-1422(c)
  • Successive MARs are limited — must show why new grounds were not raised before

STATUTORY REFERENCE

G.S. 15A-1411Scope; when available
G.S. 15A-1415Grounds for MAR
G.S. 15A-1420Procedure; hearing
G.S. 15A-1421Determination by court
G.S. 15A-1422Appeals
Strickland466 U.S. 668 (1984)
Brady373 U.S. 83 (1963)

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