Another Look at Confrontation at Probation Violation Hearings

A new case from the Supreme Court of North Carolina gives us a chance to revisit the issue of a defendant’s confrontation rights at a probation violation hearing. In State v. Jones, 2022-NCSC-103, ___ N.C. ___ (Aug. 19, 2022), a defendant on felony probation was alleged to have violated probation in several ways—absconding, some technical violations, and committing new criminal offenses. The new criminal offense violations stemmed from new firearm charges that had previously resulted in a mistrial, but were nonetheless raised as a violation of probation. At the probation violation hearing, the State sought to admit the transcript of a suppression hearing from the earlier criminal trial, which included testimony from the arresting officer. The officer was prepared to testify again at the violation hearing, but was never actually called to do so. The judge presiding over the revocation hearing admitted the transcript and ultimately determined—based on the transcript and other evidence—that the defendant committed a criminal offense and revoked his probation. On appeal to the Court of Appeals, the defendant argued that the admission of the trial transcript at the probation revocation hearing deprived him of his right to confront the arresting officer. Under G.S. 15A-1345(e), the defendant contended, the trial court could only allow the officer’s testimony in without confrontation based on a finding of good cause. The Court of Appeals affirmed the revocation, concluding that no good cause finding was required when the defendant did not actually seek to confront and cross-examine the officer at the revocation [...]