NC S850

Requires judges assigned to motions for appropriate relief to conduct an initial review and deny the motion if all claims are frivolous, or appoint counsel for indigent unrepresented defendants if the motion presents sufficient information to warrant a hearing.

Directs the assigned judge to enter scheduling orders for expert witness disclosures in superior court motions for appropriate relief, requiring disclosure of expert witness information for witnesses expected to be called at hearings.

Allows post-conviction counsel appointed to review motions to either adopt the filed motion or file an amended motion, and permits the State to request leave to file a limited answer if contending the defendant is not entitled to relief as a matter of law.

Modifies the scope of indigent representation in motions for appropriate relief to clarify that counsel appointment is authorized only when Chapter 15A of the General Statutes permits it.

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