(a)        While an appeal is pending in the appellate division, the court in which the defendant was convicted has continuing authority to act with regard to the defendant’s release pursuant to Article 26, Bail.

(b)        The appropriate court of the appellate division may direct that additional steps be taken in the trial court while the appeal is pending, including but not limited to:

(1)        Appointment of counsel.

(2)        Hearings with regard to matters relating to the appeal.

(3)        Taking evidence or conducting other proceedings relating to motions for appropriate relief made in the appellate division, as provided in N.C. Gen. Stat. § 15A-1418 (1977, c. 711, s. 1.)

Terms Used In North Carolina General Statutes 15A-1453

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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