State v. Wilhelm
Court of Appeals of North Carolina
1Opinion of the Court
VAUGHN, Judge.
Defendant’s first argument is that the trial court erred in denying his motion for change of venue or a special venire.
If, 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:(1) Transfer the proceeding to another county. . . , or(2) Order a special venire. . . .
G.S. 15A-957.
Defendant has the burden of proof on a motion for change of venue, and to prevail, he must show that there is a reasonable…
2Cases cited10 opinions
- Payton v. New YorkSupreme Court of the United States · 1980
- State v. OliverSupreme Court of North Carolina · 1981
- State v. PhillipsSupreme Court of North Carolina · 1980
- State v. RieraSupreme Court of North Carolina · 1970
- State v. RiddickSupreme Court of North Carolina · 1976
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. MyersCourt of Appeals of North Carolina · 1983
- State v. FordSupreme Court of North Carolina · 1988
- State v. HuntCourt of Appeals of North Carolina · 2016
- State v. LewisCourt of Appeals of North Carolina · 2015
- State v. ArtisCourt of Appeals of North Carolina · 1988
2 more not listed; retrieve them via the Exa API.