North Carolina law allows a defendant to file a motion when their attorney provided ineffective counsel. The defendant must file a G.S. 15A-1414 claim within 10 days of the entry of judgment when the defendant is alleging "any error" that happened during the trial.The clerk of superior court must complete the Expedited Juvenile Appeals Form within one business day after the notice of appeal is filed. To prevail on a claim of ineffective assistance of counsel, a defendant must first show that his counsel's performance was deficient. If you are in need of North Carolina post-conviction representation, fill out our intake form. Questions? Looking for local rules and forms? An evidentiary hearing is not required when the motion is made in the trial court. For any court case where the client has chosen a new attorney, be certain that a Substitution of Counsel is filed. 6. Sign up for your daily digest of North Carolina. Supreme Court of North Carolina based either on a substantial constitutional question or on a dissent in the.
