Opinion

State v. Duvall

  • 304 N.C. 557
  • 284 S.E.2d 495
  • 1981 N.C. LEXIS 1364
Court
Supreme Court of North Carolina
Filed
Dec 1, 1981
Status
Published
Author
Huskins
On the bench
Copeland, Huskins, Branch, Carlton, Brown
Cited by
23 cases

judge can overrule a denial of a motion for special jury venire, a discretionary motion, previously entered by another judge if “new evidence” is presented

How later courts described this case

  • judge can overrule a denial of a motion for special jury venire, a discretionary motion, previously entered by another judge if “new evidence” is presented

Written by the judges who cited it.

The opinion

Justice HUSKINS

dissenting.

For the reasons stated in my dissent in State v. Charles Fearing (Case No. 28, filed this date), I respectfully dissent from the portion of the majority opinion which orders a new trial for error in the judge’s instructions upon the elements of a hit-and-run offense under G.S. 20-166.

I also dissent from that portion of the majority opinion which holds that Judge Brown was without authority to order a special venire in this case. My reasons are fully set forth in my dissent in State v. Charles Fearing (Case No. 28, filed this date) and State v. Malcolm Fearing (Case No. 27, filed this date).

I am authorized to say that Justice MEYER joins in this dissent.

Chief Justice BRANCH joins in that portion of this dissent relating to the judge’s instructions on hit-and-run under G.S. § 20-166.

Justice CARLTON joins in that portion of this dissent relating to the authority of Judge Brown to order a special venire.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.