State v. Fie

WEBB, Justice.

This case brings to the Court the question of the standard to be applied when a defendant makes a motion that a judge be rec-used. Judge Martin in his concurring opinion in the Court of Appeals said that in his view “the burden is upon the party moving for disqualification to demonstrate objectively that grounds for disqualification actually exist. Such a showing must consist of substantial evidence that there exists such a personal bias, prejudice or interest on the part of the judge that he would be unable to rule impartially.” Judge Martin relied on State v. Duvall, 50 N.C.…