Hearsay at Probation Violation Hearings

A recent case from the Supreme Court of North Carolina appears to have relaxed the limits on the use of hearsay at a probation violation hearing. The case also sheds light on the persistent question of whether a pending criminal charge may be considered as a violation of probation. In State v. Murchison, the defendant was on probation with two 24–38 month suspended sentences. Less than a year into his probation, he was charged with first-degree burglary, first-degree kidnapping, and assault with a deadly weapon. His probation officer filed a probation violation report alleging that he violated the “commit no criminal offense” condition by being charged with the new crimes. At the ensuing violation hearing, the defendant’s probation officer testified that the defendant’s mother said over the phone that the defendant had broken into her house with a knife, causing her and the defendant’s girlfriend to hide in a closet. The State also introduced a computer printout from the AOC showing that the defendant had been indicted for the burglary, with the case set for court later that week. Finally, the probation officer testified that she had “a feeling he’s going to kill somebody.” Based on that information, the trial judge found that the defendant committed the new criminal offenses and revoked. The defendant appealed. In an unpublished opinion the court of appeals reversed, holding that the trial court erred when it revoked probation based solely on the probation officer’s hearsay testimony. The court cited to prior cases—State v. Pratt, 21 N.C. [...]