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probation revocation

Feb 14, 2018

Criminal Practice – Probation Revocation – Subject Matter Jurisdiction – Extension & Violation

State v. Peed (Lawyers Weekly No. 011-048-18, 8 pp.) (Chris Dillon, J.) Appealed from Wake County Superior Court (Michael Morgan, J.) N.C. App. Holding: Where the statute that enumerates the conditions of probation which may be imposed, G.S. § 15A-1343, lists substance abuse treatment separately from medical or psychiatric treatment, and where G.S. §§ 15A-1342(a) […]

Feb 14, 2018

Criminal Practice – Probation Revocation – Subject Matter Jurisdiction – Lack of Notice

State v. McCaster (Lawyers Weekly No. 011-046-18, 8 pp.) (John Tyson, J.) Appealed from Alamance County Superior Court (G. Wayne Abernathy, J.) N.C. App. Holding: When defendant repeatedly refused to be placed on probation and indicated that she wished to serve her sentence, the trial court had several options: having a violation report filed and […]

Dec 12, 2017

Criminal Practice – Probation Revocation – Post-JRA Notice Requirement – First Impression – List of Actions

State v. Moore (Lawyers Weekly No. 010-084-17, 30 pp.) (Mark Martin, C.J.) (Sam Ervin IV, J., joined by Robin Hudson, J., concurring in part & concurring in the result only in part) (Cheri Beasley, J., dissenting) Appealed from Orange County Superior Court (R. Allen Baddour, J.) On appeal from the Court of Appeals. N.C. S. […]

Aug 16, 2017

Criminal Practice — Probation Revocation – Moot – Sentence Served

  State v. Posey (Lawyers Weekly No. 011-254-17, 10 pp.) (Chris Dillon, J.) (Valerie Zachary, J., dissenting) Appealed from Cabarrus County Superior Court (W. Erwin Spainhour, J.) N.C. App. Holding: Where defendant has already served his reactivated sentence, his appeal is moot. As to collateral consequences, the only part of the trial court’s judgment which […]

Nov 17, 2016

Criminal Practice – Probation Revocation – Self-Representation – Sovereign Citizen

State v. Faulkner (Lawyers Weekly No. 011-376-16, 17 pp.) (Valerie Zachary, J.) Appealed from Person County Superior Court (W. Osmond Smith III, J.) N.C. App. Holding: Even though a “sovereign citizen” purported to not understand two of the court’s explanations of the hazards of self-representation, the Court of Appeals determines that (1) the trial court’s […]

Aug 10, 2016

Criminal Practice – Probation Revocation – Pre-JRA – Absconding – Commission of Criminal Offense

State v. Hancock (Lawyers Weekly No. 011-271-16, 10 pp.) (Rick Elmore, J.) Appealed from Union County Superior Court (W. David Lee, J.) N.C. App. Holding: In open court, the trial judge erroneously indicated that defendant’s probation was revoked on the basis of absconding under G.S. § 15A-1343(b)(3a), despite the fact that defendant’s offense date preceded […]

Jul 9, 2015

Criminal Practice — Probation Extension – Subject Matter Jurisdiction

State v. Hoskins (Lawyers Weekly No. 15-07-0675, 8 pp.) (Donna Stroud, J.) Appealed from Avery County Superior Court (Phil Ginn, J.) N.C. App. Holding: Although the maximum duration of probation is five years, a trial court may order an extension of a defendant’s probation beyond the maximum, but only during the last six months of […]

Apr 22, 2015

Criminal Practice — Probation Revocation – Subject Matter Jurisdiction – No Tolling Provision

State v. Sanders (Lawyers Weekly No. 15-07-0343, 7 pp.) (Wanda Bryant, J.) Appealed from Wake County Superior Court (Alma Hinton, J.) N.C. App. Holding: Even though defendant tested positive for drugs, due to the timing of his conviction, a statutory amendment and his probation revocation hearing, his probation period was not tolled by the probation […]

Apr 22, 2015

Criminal Practice — Probation Revocation – Subject Matter Jurisdiction – No Tolling Provision

State v. Marcus Moore (Lawyers Weekly No. 15-07-0341, 6 pp.) (Wanda Bryant, J.) Appealed from Buncombe County Superior Court (Marvin Pope, J.) N.C. App. Holding: Even though defendant committed probation violations, due to the timing of his conviction, a statutory amendment and his probation revocation hearing, his probation period was not tolled by the probation […]

Mar 4, 2015

Criminal Practice — Juvenile – Probation Revocation – Notice – Underlying Offenses

In re D.S.B. (Lawyers Weekly No. 15-07-0198, 11 pp.) (Sanford Steelman Jr., J.) Appealed from Cumberland County District Court (Toni King, J.) N.C. App. Holding: Even though, in one section, the motion for review referred to an earlier, expired term of probation, the motion also alleged that the juvenile had violated the conditions of his […]

Feb 19, 2015

Criminal Practice — Probation Revocation – Hearing Notice – Violation Report Preparation

State v. Knox (Lawyers Weekly No. 15-07-0167, 6 pp.) (Donna Stroud, J.) Appealed from Gaston County Superior Court (Robert Ervin, J.) N.C. App. Holding: Where defendant appeared and participated in the probation revocation hearing voluntarily, and where, through counsel, defendant acknowledged that he had received a probation violation report and admitted the allegations in the […]

Jan 13, 2015

Criminal Practice — Probation Revocation – Statutory Gap – Defendant’s Admissions

State v. Sitosky (Lawyers Weekly No. 15-07-0034, 15 pp.) (Mark Davis, J.) Appealed from New Hanover County Superior Court (W. Allen Cobb Jr., J.) N.C. App. Holding: Where defendant committed her offenses in file numbers 07 CRS 60072-74 prior to Dec. 1, 2009, but where she had her revocation hearing after Dec. 1, 2009, she […]

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