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Motions for Appropriate Relief
What is an MAR – it’s a written motion made after judgment to correct any errors that occurred before, during, or after a criminal trial or proceeding, including errors related to the entry of a guilty plea.
There are two types of MARs.
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The first type of MAR is governed by G.S. 15A-1414. Under this statute, a person convicted of a criminal offense may seek relief for any error that occurred before or during the trial within 10 days after entry of judgment.
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Generally, a person would use this type of MAR to bring errors to the attention of the trial judge, who could correct them immediately without the time and expense of an appeal.
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The second type of MAR is governed by G.S. 15A-1415 and generally may be filed at any time after judgment.
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A person may base this type of MAR on the grounds identified in G.S. 15A-1415—for example, that the trial court lacked subject matter jurisdiction over the case or that the conviction was obtained in violation of the state or federal constitution.
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An assertion that an indictment or other charging document was fatally defective is an example of a jurisdictional claim.
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Assertions that the defendant did not knowingly, voluntarily, and intelligently enter a guilty plea or waive the right to be represented by counsel are examples of claims of unconstitutional convictions.
Note: Both types of MAR’s can overturn a guilty plea or conviction from a jury trial.
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