Legal Opinion

In re Cline

Court of Appeals of North Carolina

Decided October 1, 2013No. COA12-964PublishedCited by 2 opinions

1Opinion of the Court

STEELMAN, Judge.

In a proceeding pursuant to N.C. Gen. Stat. § 7A-66 for removal of a district attorney from office, the trial court did not err in denying appellant’s motion to continue where statute mandated a specific time period within which the matter must be heard. Where N.C. Gen. Stat. § 7A-66 did not provide for discovery, and no other statute or rule created such a right, appellant was not entitled to discovery. Where the trial court defined the burden of proof as clear, cogent and convincing evidence, and it was clear from the proceedings that this burden was upon the party that…

2Cases cited23 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Imbler v. PachtmanSupreme Court of the United States · 1976
  3. Garrison v. LouisianaSupreme Court of the United States · 1964
  4. Corum v. University of North CarolinaSupreme Court of North Carolina · 1992
  5. State v. JohnsonSupreme Court of North Carolina · 1979

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3Cited by2 opinions

  1. Purcell v. Friday StaffingCourt of Appeals of North Carolina · 2014
  2. Limage v. Covington & Shaw, LLCCourt of Appeals of North Carolina · 2026

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