Yes. Many have. Search it. Start here. http://writ.news.findlaw.com/commentary/...
I don t think it is applicable in NC - I may be wrong. I do know you can get a new trial on grounds of bad counsel/legal malfeasance, or leal misrepresentation - cannot remember the correct legal term for it. Saw it happen after a conviction in a murder trial was overturned for this reason. I had sat through 7 weeks of trial, waited 2 days for a verdict, only to have it overturned 3 months later. Crime victim was a relative.
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