§ 15A-835. Posttrial responsibilities.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Within 30 days after the final court proceeding in the case, the district attorney's office shall notify the victim, in writing, of:

(1)The final disposition of the case.

(2)The crimes of which the defendant was convicted.

(3)The defendant's right to appeal, if any.

(4)The telephone number of offices to contact in the event of nonpayment of restitution by the defendant.

(b)Upon a defendant's giving notice of appeal to the Court of Appeals or the Supreme Court, the district attorney's office shall forward to the Attorney General's office the defendant's name and the victim's name, address, and telephone number. Upon receipt of this information, and thereafter as the circumstances require, the Attorney General's office shall provide the victim with the following:

(1)A clear and concise explanation of how the appellate process works, including information about possible actions that may be taken by the appellate court.

(2)Notice of the date, time, and place of any appellate proceedings involving the defendant. Notice shall be given in a manner that is reasonably calculated to be received by the victim prior to the date of the proceedings.

(3)The final disposition of an appeal.

(b1)Although the victim does not have a right to be heard, the victim is permitted to be present at any appellate proceeding that is an open hearing.

(c)If the defendant has been released on bail pending the outcome of the appeal, the agency that has custody of the defendant shall notify the investigating law enforcement agency as soon as practicable, and within 72 hours of receipt of the notification the investigating law enforcement agency shall notify the victim that the defendant has been released.

(d)If the defendant's conviction is overturned, and the district attorney's office decides to retry the case or the case is remanded to superior court for a new trial, the victim shall be entitled to the same rights under this Article as if the first trial did not take place.

(e)Repealed by Session Laws 2001-302, s. 1. (1998-212, s. 19.4(c); 2001-302, s. 1; 2001-433, s. 6; 2001-487, s. 120; 2019-216, s. 7.5.)