Case Summaries - N.C. Court of Appeals (August 18, 2020)

This post summarizes opinions issued by the North Carolina Court of Appeals on August 18, 2020. The trial court’s inquiry of the defendant regarding her waiver of counsel satisfied the requirements of G.S. 15A-1242 and the pro se defendant’s failure to comply with Rule 4 of the Rules of Appellate Procedure did not warrant dismissal of her appeal State v. Jenkins, ___ N.C. App. ___, ___ S.E.2d ___ (Aug. 18, 2020).  In this case involving a waiver of counsel at a probation revocation hearing and the defendant’s appeal of the trial court’s revocation of her probation, the court declined to dismiss the appeal due to the defendant’s failure to comply with Rule 4 of the Rules of Appellate Procedure and held that the defendant’s waiver of counsel was knowing, intelligent, and voluntary.  The defendant timely filed a handwritten notice of appeal that failed to comply with Rule 4 in that it did not indicate that it had been served on the State.  Noting that the State was informed of the appeal and was able to timely respond, and that the violation had not frustrated the adversarial process, the court held that the nonjurisdicitional Rule 4 defect was neither substantial nor gross and proceeded to the merits.  As to the merits, the court found that the trial court’s inquiry of the defendant regarding her waiver of counsel, a waiver which the defendant also executed in writing, was similar to that in State v. Whitfield, 170 N.C. App 618 (2005) and satisfied the [...]