When is a Procedural Bar Not a Procedural Bar? MARs, Gatekeeper Orders, and the Procedural Bar

We get a lot of questions about motions for appropriate relief (“MARs”). Post-conviction can be a daunting area for practitioners and judges alike. On the state and federal levels, the procedural issues alone can feel like a maze. A recent(ish) case from the Court of Appeals, State v. Blake, ___ N.C. App. ___, 853 S.E.2d 838 (Dec. 31, 2020), shines some light on aspects of the procedural bar in state post-conviction proceedings and is the subject of today’s post. Background. The case is mostly about a structural error that occurred at trial. The defendant was tried for second-degree murder and convicted of voluntary manslaughter. After the verdict, the judge spoke with members of the jury. Numerous jurors indicated that they did not believe the State’s witnesses and were not sure that the defendant was guilty. Because “someone . . . died,” however, the jury felt compelled to return a guilty verdict. This was structural error. A defendant has a fundamental right to have his or her guilt determined by a reasonable doubt standard. When the jury failed to apply that burden of proof, the defendant was entitled to a new trial. This part of the case is fascinating, and I encourage readers to read the entire decision. (I previously wrote about structural errors here if you would like to read more on that subject.) Despite granting relief on that issue, the court went on to examine a post-conviction issue. The defendant filed a MAR within 10 days of trial pursuant to [...]