State v. Maher

In State v. Maher, 305 N.C. 544, 545, 290 S.E.2d 694 (1982), our Supreme Court found both error and prejudice in a trial court's denial of a motion to continue. However, in that case, "the attorney who represented the defendant at trial . . . had not prepared the case, had not met with the defendant prior to the morning of trial, and was given little time in which to prepare a defense." Id. at 548-49, 290 S.E.2d at 697. The Maher court held that under these circumstances, where counsel is retained only four days prior to trial through no fault of defendant's, is concurrently involved in another trial, and is allowed only a few minutes to confer with his client prior to trial, failure of the trial court to grant a continuance denied defendant effective assistance of counsel. Id. at 549, 290 S.E.2d at 697.