Statute of Limitations on Defense Motions for Appropriate Relief

I get asked a lot of questions about motions for appropriate relief (MARs). One common scenario is: Defendant was convicted of Crime X years ago and the sentence has been fully served. Defendant now faces a habitual charge or status based on the prior conviction or maybe the prior conviction has elevated Defendant’s sentence for a later crime in state or federal court. The question I get asked is: Can Defendant now file a MAR to challenge the original conviction? The answer is: Maybe. There is no statute of limitations for non-capital MARs. Such a MAR can be filed one year after verdict, five years after verdict, or even twenty years after verdict. However, if the motion is filed more than ten days after entry of judgment, the defendant is limited in terms of the types of claims that may be asserted in the MAR. When the MAR is made within ten days of entry of judgment, it can assert any error. G.S. 15A-1414. But once that ten-day period expires, the only claims that can be asserted are the nine claims listed in G.S. 15A-1415. Specifically, a MAR filed more than ten days after entry of judgment may assert a claim: (1)   That the acts charged did not, at the time they were committed, constitute a violation of criminal law. (2)   That the trial court lacked jurisdiction over the defendant or the subject matter. (3)   That the conviction was obtained in violation of the United States or North Carolina constitutions. (4)   [...]