Case Summaries - N.C. Court of Appeals (June 7, 2022)

This post summarizes published criminal decisions from the North Carolina Court of Appeals released on June 7, 2022. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present. A defendant has no right to appeal a probation modification. The court of appeals may or may not have the power to review probation modifications through certiorari. The defendant was properly held in contempt for cursing at a judge and a probation officer. State v. Ore,  2022-NCCOA-380, __ N.C. App __, __ S.E.2d __ (June 7, 2022). In this Davidson County case, the defendant pled guilty to a drug offense and received 12 months of supervised probation. His probation officer filed a violation report alleging positive drug screens and other violations. At the violation hearing, the defendant chose to represent himself. The court found a willful violation and agreed to extend probation by six months and to hold the defendant in custody for up to two weeks until he could begin drug treatment at a treatment center. The defendant said “that’s crazy,” accused the court of activating his sentence, and suggested that the court be “f—king honest with [him].” After being warned about his language, he accused his probation officer of “start[ing] this sh— all over again.” The court began contempt proceedings, found the defendant in direct criminal contempt and sentenced him to 30 days. He sought appellate review. As to the probation modification, the Court of Appeals first found that [...]