Legal Opinion

State v. Gardner

Supreme Court of North Carolina

Decided August 28, 1984No. 29A84PublishedCited by 87 opinions

1Opinion of the Court

BRANCH, Chief Justice.

Defendant first assigns as error the denial of his pretrial motion for change of venue. He asserts that extensive media coverage of the “Steak and Ale” murders was highly prejudicial and precluded his receiving a fair trial in Forsyth County.

On a motion for change of venue pursuant to G.S. 15A-957, the burden is on the defendant to prove prejudice so great that he cannot obtain a fair and impartial trial. State v. Jerrett, 309 N.C. 239, 307 S.E. 2d 339 (1983); State v. Dobbins, 306 N.C. 342, 293 S.E. 2d 162 (1982). He must show that “it is reasonably likely that…

2Cases cited30 opinions

  1. Witherspoon v. IllinoisSupreme Court of the United States · 1968
  2. Dunaway v. New YorkSupreme Court of the United States · 1979
  3. State v. EarnhardtSupreme Court of North Carolina · 1982
  4. State v. JacksonSupreme Court of North Carolina · 1983
  5. State v. BondurantSupreme Court of North Carolina · 1983

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

3Cited by87 opinions

  1. State v. BensonSupreme Court of North Carolina · 1988
  2. State v. YoungSupreme Court of North Carolina · 1985
  3. State v. StokesSupreme Court of North Carolina · 1987
  4. State v. RoseSupreme Court of North Carolina · 1994
  5. State v. GreenSupreme Court of North Carolina · 1994

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

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