NORTH CAROLINA GENERAL ASSEMBLY
1967 SESSION

CHAPTER 523
HOUSE BILL 363

AN ACT TO AMEND G.S. 15-222 SO AS TO CLARIFY THE PROCEDURE FOR REVIEW OF POST-CONVICTION PROCEEDINGS BY CERTIORARI.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 15-222 is hereby rewritten to read as follows: "§ 15-222. Review by Application for Certiorari. Any final judgment entered upon such a petition and proceeding may be reviewed by the Supreme Court of North Carolina upon application by the petitioner or by the State for a writ of certiorari brought within 60 days from the entry of the judgment in such proceeding. A petitioner who seeks review of such a judgment may apply to the judge hearing the proceeding or to any judge having jurisdiction of the proceeding for the appointment of counsel for the purpose of seeking such review, and the judge, if he is satisfied that the petitioner is unable to employ counsel, shall appoint counsel to represent petitioner for that purpose. If the State seeks review of any such judgment the court shall appoint counsel to represent an indigent petitioner, unless petitioner waives the appointment of counsel. Counsel appointed to represent an indigent petitioner in any such review shall be compensated in accordance with the provisions of G.S. 15-5, such compensation to be paid by the State.
If the judge is satisfied that a petitioner is unable to procure the records required for an adequate and effective consideration by the Supreme Court of an application for writ of certiorari, he shall order the county to make available such records, including the transcript.
The law of this State governing the application, granting and disposition of writs of certiorari shall be applicable to any application for writ of certiorari brought under the provisions of this Article for the purpose of seeking a review of such judgment or proceeding."
Sec. 2.  Effective October 1, 1967, the words "Court of Appeals" shall be substituted in lieu of the words "Supreme Court" in § 15-222.
Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 4.  This Act shall become effective upon its ratification.
In the General Assembly read three times and ratified, this the 18th day of May, 1967.