NC H995

Requires judges assigned to motions for appropriate relief to conduct an initial review and deny motions where all claims are frivolous, or appoint counsel for indigent defendants if the motion warrants a hearing or justice requires it.

Authorizes judges to direct the State to file an answer after post-conviction counsel files or amends a motion, and allows the State to request leave to file a limited answer on legal grounds.

Expands scheduling order authority for judges reviewing motions for appropriate relief to include disclosure of expert witness information required under G.S. 15A-903(a)(2) and G.S. 15A-905(c)(2).

Clarifies that appointment of counsel in motions for appropriate relief is limited to defendants authorized under Chapter 15A and who have been convicted of a felony, fined $500 or more, or sentenced to imprisonment.

Becomes effective December 1, 2016, and applies to motions for appropriate relief filed on or after that date.