STATE v. FIE

No. 389A86.

359 S.E.2d 774 (1987)

320 N.C. 626

STATE of North Carolina v. Floyd Rufus FIE and Steve Harverson.

Supreme Court of North Carolina.

September 3, 1987.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Joan H. Byers, Sp. Deputy Atty. Gen., Raleigh, for the State.

John E. Shackelford, Asheville, for defendant Floyd Rufus Fie.

Malcolm Ray Hunter, Jr., Appellate Defender by Geoffrey C. Mangum, Asst. Appellate Defender, Raleigh, for defendant Steven Harverson.


WEBB, Justice.

This case brings to the Court the question of the standard to be applied when a defendant makes a motion that a judge be recused. Judge Martin in his concurring opinion in the Court of Appeals said that in his view "the burden is upon the party moving for disqualification to demonstrate objectively that grounds for disqualification actually exist. Such a showing must consist of substantial evidence that there exists such a personal bias, prejudice or...

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