Legal Question in Criminal Law in North Carolina

Law suit for wrongful conviction.

Defendant is convicted in a criminal matter.

Subsequent to conviction evidence arises which casts substantial doubt on conviction.

Appeal is launched to the State Court of Appeals which rendered its decision to deny the appeal in terms of ''findings of facts'' in which it deferred to the trial judge. North Carolina Supreme Court refused to review the case.

There is currently pending a federal Habeas Petition based on issues that the trial judge rejected in the post-trial motion for appropriate relief.

Question: - in the State of North Carolina, can a defendant commence a civil action against the appropriate authority for wrongful conviction and/or other remedies against the apppropriate authorities notwithstanding that the conviction currently continues to stand and that there are other proceedings pending in the criminal matter.


Asked on 1/11/02, 8:16 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Law suit for wrongful conviction.

I'm not aware that North Carolina recognizes a claim for "wrongful prosecution." There is a claim for "malicious prosecution," which requires

proof that the defendant: (1) instituted, procured, or participated in the criminal proceeding against plaintiff; (2) without probable cause; (3) with malice; and (4) the prior proceeding terminated in favor of plaintiff. Based on these elements, it would seem that a claim for malicious prosecution, and presumably one for "wrongful conviction," would fail where there is a standing conviction. (As a general matter, a pending appeal does not affect the "finality" of a judgment."

Read more
Answered on 1/11/02, 11:46 pm


Related Questions & Answers

More Criminal Law questions and answers in North Carolina