Attorney III/Appellate & Post-Conviction ()

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THE STARTING SALARY FOR THIS POSITION IS LIMITED TO $87849 -$ offers for the selected candidate are based on the candidates education and experience related to the position as well as our agency budget and equity.

Preparation of the States briefs in first degree murder cases including capital cases and other complex criminal cases in the Supreme Court of North Carolina and the North Carolina Court of Appeals. First degree murder cases often present the most difficult and complex issues in the fields of criminal and constitutional law. The attorney will be required to read and analyze transcripts often exceeding two thousand pages. Defendants briefs typically are at least 35 pages capital cases briefs exceeding 100 pages requiring extensive research to prepare legal arguments showing that no prejudicial error occurred at trial. Research and preparation of the legal arguments in such brief usually require at least one month and often two months of work on average. Including oral argument preparation as needed.

Capital and non-capital post-conviction filings and hearings in superior court. The Attorney assists prosecutors at the request of the prosecutor in drafting responses to Motions for Appropriate Relief and other motions filed for state post-conviction relief. In some cases an evidentiary hearing is necessary to resolve issues of fact. Given the nature and complexity of capital litigation the Attorney is expected independently to prepare and conduct courtroom litigation with a high level of experience and expertise. One of the primary responsibilities of the Attorney is to advise assist and often assume litigation of capital post-conviction hearings at the Superior Court level. Such assistance may involve investigating the case interviewing witnesses depositions discovery actual participation at the evidentiary hearing (including examination of witnesses and experts) briefing the complex legal issues and preparation or review of proposed findings of fact and conclusions of law to be submitted to the presiding judge.

Capital and Non-Capital Federal habeas corpus petitions. The Attorney is responsible for the States response in federal habeas corpus litigation. Typically after a defendant has exhausted their State court remedies they can be expected to file a federal habeas corpus petition in one of the three trial districts of the United States District Court in North Carolina seeking to overturn their conviction or at least obtain a new sentencing hearing. When the petition is served the Attorney initially reviews the allegations raised by the capital defendant which often are numerous complex constitutional issues; preliminarily assesses the merits of the allegations; determines what state court records and exhibits are needed; contacts the offices of the local clerks to obtain the records exhibits and transcripts; ascertains whether any affidavits are needed and if so contacts the affiants; reviews the records and transcripts as they pertain to the legal issues raised; researches the legal issues; drafts and edits a written answer to the petition along with appropriate motions; and supervises the electronic and/or manual filing of the answer motions and record in the Federal District Court. This process requires independent unsupervised decision-making in sometimes highly publicized criminal cases.

Miscellaneous responsibilities. Assisting and advising other attorneys in the Department of Justice in criminal appellate matters assigned to those attorneys on the criminal brief rotation. Participating and assisting in moot courts. Assisting and advising prosecutors around the State who have questions about criminal law or procedure issues or about criminal appellate procedures. Preparation of States petitions in criminal cases addressed to the various Appellate Courts requesting review of lower court decisions in criminal cases. Perfecting States appeals working with the District Attorneys office.

Some travel including some overnight stays are required.

Department Information:

• Ability to interpret and apply laws constitutional provisions statutes administrative regulations and court decisions.
• Ability to analyze facts evidence legal problemsrender formal opinionsand legal instruments.
• Ability to establish and maintain effective working relationships.

• Ability to independently prepare and prosecute capital cases on direct appeal and in post-conviction.

• Ability to organize and digest complicated factual situations.

• Ability to analyze evidence and apply the relevant law to the applicable facts.

• Ability to express conclusions and arguments clearly and logically in oral and written form.

• Ability to be sensitive to the feelings and needs of victims families.

Licensed to practice law by the North Carolina State Bar and three years of progressively responsible professional legal experience.

NOTE: GS 114-2 and 114-6 make it the duty of the Attorney General of NC to represent the State of North Carolina in all litigation unless another statute specifically states otherwise.