Motion for Appropriate Relief

As amended through June 18, 2024
Motion for Appropriate Relief

"A trial 'court's ruling on a motion for appropriate relief pursuant to G.S. 15A-1415 is subject to review . . . f the time for appeal has expired and no appeal is pending, by writ of certiorari.' State v. Morgan, 118 N.C. App. 461, 463, 455 S.E.2d 490, 491 (1995) (quoting N.C. Gen. Stat. § 15A-1422(c)(3) (1988)).

"When considering rulings on motions for appropriate relief, we review the trial court's order to determine 'whether the findings of fact are supported by evidence, whether the findings of fact support the conclusions of law, and whether the conclusions of law support the order entered by the trial court.' State v. Frogge, 359 N.C. 228, 240, 607 S.E.2d 627, 634 (2005) (quoting State v. Stevens, 305 N.C. 712, 720, 291 S.E.2d 585, 591 (1982)).

"Findings of fact 'made by the trial court pursuant to hearings on motions for appropriate relief' are binding on appeal if they are supported by competent evidence. State v. Morganherring, 350 N.C. 701, 714, 517 S.E.2d 622, 630 (1999) (quoting State v. Stevens, 305 N.C. 712, 720, 291 S.E.2d 585, 591 (1982)).

"'When a trial court's findings on a motion for appropriate relief are reviewed, these findings are binding if they are supported by competent evidence and may be disturbed only upon a showing of manifest abuse of discretion. However, the trial court's conclusions are fully reviewable on appeal.' State v. Lutz, 177 N.C. App. 140, 142, 628 S.E.2d 34, 35 (2006) (quoting State v. Wilkins, 131 N.C. App. 220, 223, 506 S.E.2d 274, 276 (1998)).

Revised July 26, 2016.