Legal Opinion

State v. Harris

Supreme Court of North Carolina

Decided October 5, 1976No. 130PublishedCited by 103 opinions

1Opinion of the Court

BRANCH, Justice.

Defendant first contends that the trial judge erred by denying his motion for a continuance. He takes the position that the denial of his motion violated his constitutional rights of due process, confrontation of his accusers and his right to effective assistance of counsel.

Ordinarily a motion for a continuance is addressed to the trial judge’s sound discretion and his ruling is not subject to review on appeal in the absence of gross abuse. However, when the motion is based on a right guaranteed by the Federal and State Constitutions, the question presented is one of law and…

2Cases cited56 opinions

  1. Powell v. AlabamaSupreme Court of the United States · 1932
  2. Woodson v. North CarolinaSupreme Court of the United States · 1976
  3. Avery v. AlabamaSupreme Court of the United States · 1940
  4. State v. VestalSupreme Court of North Carolina · 1971
  5. State v. WestbrookSupreme Court of North Carolina · 1971

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

3Cited by103 opinions

  1. State v. JohnsonSupreme Court of North Carolina · 1979
  2. State v. BarfieldSupreme Court of North Carolina · 1979
  3. State v. IrwinSupreme Court of North Carolina · 1981
  4. State v. GladdenSupreme Court of North Carolina · 1986
  5. State v. HardySupreme Court of North Carolina · 1977

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

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