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STATE v. MAHER

No. 813SC281.

284 S.E.2d 351 (1981)

STATE of North Carolina v. Stephen J. MAHER.

Court of Appeals of North Carolina.

Discretionary Review Allowed and Motion to Dismiss Appeal Denied January 12, 1982.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. David Roy Blackwell, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defenders M. Christopher Kemp and Ann Pederson, Raleigh, for defendant-appellant.

Discretionary Review Allowed and Motion to Dismiss Appeal Denied by Supreme Court January 12, 1982.

MORRIS, Chief Judge.

Defendant alleges a denial of his right to effective assistance of counsel by denial of the motion for continuance. A motion to continue is ordinarily addressed to the trial judge's discretion and review is limited to a showing that he abused that discretion. However, when a motion to continue is based on a constitutional right, the ruling...

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