State v. Fearns Finds Second Judge Lacked Authority to Enter Order When Hearing Was Held by First Judge
Shea Denning
A few weeks ago, I wrote about the circumstances in which one judge may pick up case-related duties that another judge is unable to complete. Yesterday, the court of appeals decided a case in this area, determining in State v. Fearns, COA23-650, ___ N.C. App. ___ (2025), that a judge lacked authority to enter an order denying a defendant’s motion to dismiss when the hearing on that motion was held by another judge. This post will discuss Fearns.