Legal Opinion

McNeill v. Durham County ABC Board

Supreme Court of North Carolina

Decided June 2, 1988No. 524PA87PublishedCited by 16 opinions

1Opinion of the Court

FRYE, Justice.

After reviewing the assignments of error brought forward by both the plaintiff and defendants, we find that the Court of Appeals erred in holding that the cumulative effect of extraneous remarks made by the trial judge in no way deprived defendants of a fair and impartial trial. Having found that the cumulative effect of these remarks was prejudicial to the defendants, we order a new trial.

Plaintiff instituted this action against defendant Durham County ABC Board and defendant Ronald D. Allen, an ABC enforcement officer who is an agent of defendant Durham County ABC Board.…

2Cases cited4 opinions

  1. State v. CarterSupreme Court of North Carolina · 1951
  2. State v. FrazierSupreme Court of North Carolina · 1971
  3. State v. JohnsonSupreme Court of North Carolina · 1974
  4. Board of Transportation v. WilderCourt of Appeals of North Carolina · 1975

3Cited by16 opinions

  1. Hare v. ButlerCourt of Appeals of North Carolina · 1990
  2. Blackmon v. United StatesDistrict of Columbia Court of Appeals · 2003
  3. State v. AllenSupreme Court of North Carolina · 2001
  4. Maintenance Equipment Co., Inc. v. Godley BuildersCourt of Appeals of North Carolina · 1992
  5. Meyer v. WallsCourt of Appeals of North Carolina · 1996

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