After The Appeal
G.S. 15A-1415 — a motion for appropriate relief within seven years in a noncapital case
Seven years. In a noncapital case, a defendant may file a postconviction motion for appropriate relief within seven years from the latest of the events the section lists, such as the filing of the judgment where no timely appeal was perfected, or the end of review on direct appeal.
Capital cases. In a capital case the time is 120 days from the latest of those events or the appointment of postconviction counsel, and the hearing is held within 24 months unless the court finds extraordinary circumstances.
- The acts charged were not a crime when committed.
- The trial court lacked jurisdiction.
- The conviction was obtained in violation of the federal or state constitution.
- The statute of conviction was unconstitutional.
- The conduct prosecuted was constitutionally protected.
- The sentence was unauthorized at the time imposed.
Those are among the only grounds a defendant may raise by a motion made more than 10 days after entry of judgment.
Denied. A motion is denied if the ground could have been raised on a previous motion or appeal, was already decided on the merits, or was not filed in time, unless the defendant shows good cause and actual prejudice, or that refusing to consider it would be a fundamental miscarriage of justice.
Federal habeas corpus has a deadline of its own, which runs separately and is not on this page. Whether a petition is timely, and which grounds can still be raised, are questions for a licensed North Carolina attorney.
Sources for this section (2)
- G.S. 15A-1415 — Grounds for appropriate relief which may be asserted by defendant after verdict; limitation as to time
- G.S. 15A-1419 — When motion for appropriate relief denied
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.