N.C. Gen. Stat. » Chapter 15
NC General Statutes

N.C. Gen. Stat. § 15-217 (2026)

Repealed by Session Laws 1977, c. 711, s. 33

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§ 15-217.1:  Recodified as § 15A-1420(b1) by Session Laws 1995 (Regular Session, 1996), c. 719, s. 3.

 

§§ 15-218 through 15-222.  Repealed by Session Laws 1977, c. 711, s. 33.

 

Article 23.

Expunction of Records.

§§ 15-223 through 15-224.  Recodified as §§ 15A-145 and 15A-146 by Session Laws 1985, c. 636, s. 1, effective July 5, 1985.

Notes of Decisions
Cited in 65 cases, 1953–1982 · leading case: Case v. Nebraska, 381 U.S. 336 (1965).
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Case v. Nebraska, 381 U.S. 336 (1965). · cites it 4× “[2] N. C. Gen. Stat. §§ 15-217—15-222 (Supp. 1963).”
State v. Stevens, 291 S.E.2d 585 (N.C. 1982). · cites it 2× “15A-1420 sets out the procedure on motions for appropriate relief and subsection (c)(5) provides If an evidentiary hearing is held, the moving party has the burden of proving by a preponderance of the evidence every fact essential to support the motion.”
State v. Bush, 297 S.E.2d 563 (N.C. 1982). “4 For this reason, the defendant’s Motion for Appropriate Relief was properly denied. Until recently the procedures and standards to be employed in reviewing a collateral attack upon a criminal conviction were prescribed in our former Post-Conviction Hearing Act, G.”
State v. White, 162 S.E.2d 473 (N.C. 1968). · cites it 3× “The State, as well as a prisoner, may petition for certiorari to review a final judgment in proceedings under the Post-Conviction Hearing Act (Act), G.S. 15-217 — G.S. 15-222. State v. Merritt, *226 264 N.”
State v. Merritt, 142 S.E.2d 687 (N.C. 1965). · cites it 3× “The first question presented by this appeal is: Did the judge presiding over a session of the Superior Court of Guilford County have authority to hear and pass upon a petition filed in Guilford County under G.S. 15-217 et seq. to review the constitutionality of the prisoner’s…”
Tyler v. Croom, 264 F. Supp. 415 (E.D.N.C. 1967). · cites it 4× “In support of the contention that his custody violates the Federal Constitution, petitioner alleges that (1) he neither had nor waived counsel at his preliminary hearing; (2) counsel at his trial was “uninterested and ineffective”; 1 and (3) denial of a plenary post-conviction…”
Creighton v. State of North Carolina, 257 F. Supp. 806 (E.D.N.C. 1966). · cites it 3× “Petitioner then sought relief in the Supreme Court of North Carolina, but this petition was also denied without prejudice to his right to file a Post Conviction petition under N.C.G.S. § 15-217 et seq. A post conviction hearing was then held before the Honorable Hamilton H.”
Tyler v. Croom, 288 F. Supp. 870 (E.D.N.C. 1968). · cites it 4× “The North Carolina Post-Conviction Hearing Act, N.C.Gen.Stat. § 15-217, provides in pertinent part as follows: “Any person imprisoned * * * who asserts that in the proceedings which resulted in his conviction there was a substantial denial of his rights under the Constitution of…”
McCabe v. North Carolina, 314 F. Supp. 917 (M.D.N.C. 1970). · cites it 3× “Petitioner then filed his petition for Federal habeas corpus relief in this Court on July 2, 1969, and by Memorandum Opinion and Order dated August 19, 1969, this Court directed the State of North Carolina, inter alia, to afford petitioner a plenary post-conviction hearing…”
State v. Hollars, 145 S.E.2d 309 (N.C. 1965). “At that time, the post-conviction petition of Rufus Gainey, filed under G.S. 15-217, was pending. He had also been convicted in November 1960, of the escape and armed robbery in which defendant was alleged to have participated, and it was the solicitor’s desire to retry •…”
Jernigan v. State, 184 S.E.2d 259 (N.C. 1971). “G.S. 15-217 and G.S. 15-217.1. Petitioner concedes the validity of his trial and the sentences under which he is now being held.”
Parker v. State, 162 S.E.2d 526 (N.C. Ct. App. 1968). · cites it 2× “The purpose of the proceeding under the North Carolina Post-Conviction Hearing Act, G.S. 15-217, et seq., is not to determine petitioner’s guilt or innocence.”
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