Legal Opinion

State v. Eliason

Court of Appeals of North Carolina

Decided September 18, 1990No. 8922SC1354PublishedCited by 8 opinions

1Opinion of the Court

WELLS, Judge.

Defendant’s sole argument on appeal is that the trial court erred in denying his pretrial motion to dismiss. In denying defendant’s motion, the trial court made extensive findings of fact as to defendant’s arrest, confinement and release on secured bond; and concluded that defendant’s motion should be denied.

We note initially that defendant has failed to properly except or assign error to any of the trial court’s findings of fact. Therefore, these facts are presumed to be correct and are binding on appeal. State v. Ward, 66 N.C. App. 352, 311 S.E.2d 591 (1984). We limit our…

2Cases cited5 opinions

  1. State v. HillSupreme Court of North Carolina · 1971
  2. State v. KnollSupreme Court of North Carolina · 1988
  3. State v. GilbertCourt of Appeals of North Carolina · 1987
  4. State v. FergusonCourt of Appeals of North Carolina · 1988
  5. State v. WardCourt of Appeals of North Carolina · 1984

3Cited by8 opinions

  1. State v. LabinskiCourt of Appeals of North Carolina · 2008
  2. State v. PriceCourt of Appeals of North Carolina · 2014
  3. State v. DanielCourt of Appeals of North Carolina · 2010
  4. State v. HaasCourt of Appeals of North Carolina · 1998
  5. State v. CoxCourt of Appeals of North Carolina · 2017

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