Legal Opinion

State v. Dobbins

Supreme Court of North Carolina

Decided July 13, 1982No. 79A82PublishedCited by 22 opinions

1Opinion of the Court

BRITT, Justice.

By his first assignment of error defendant contends that the trial court erred in denying his pretrial motion for a change of venue. This assignment has no merit.

G.S. 15A-957 provides that “[i]f, upon motion of the defendant, the court determines that there exists in the county in which the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial, the court must either” transfer the case to another county as specified by the statute or order a special venire as provided by G.S. 15A-958.

The burden is on the defendant to…

2Cases cited24 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Simmons v. United StatesSupreme Court of the United States · 1968
  3. State v. OliverSupreme Court of North Carolina · 1981
  4. State v. AtkinsonSupreme Court of North Carolina · 1969
  5. State v. RogersSupreme Court of North Carolina · 1951

19 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. State v. WallaceSupreme Court of North Carolina · 2000
  2. State v. JerrettSupreme Court of North Carolina · 1983
  3. State v. GardnerSupreme Court of North Carolina · 1984
  4. State v. JohnsonSupreme Court of North Carolina · 1986
  5. State v. ChatmanSupreme Court of North Carolina · 1983

17 more not listed; retrieve them via the Exa API.

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