Legal Opinion

State v. Phillips

Court of Appeals of North Carolina

Decided November 5, 2013No. COA13-449PublishedCited by 6 opinions

1Opinion of the Court

BRYANT, Judge.

Where the trial court failed to indicate in its criminal contempt order that the standard of proof applied in making its findings of fact was proof beyond a reasonable doubt, the order is fatally deficient. Accordingly, we must reverse.

*383During the Criminal Session of Superior Court in Stanly County commencing 16 July 2012, defendant James A. Phillips, Jr. - an attorney, appeared before the Honorable Sharon Tracey Barrett, Judge presiding, for an unscheduled matter at the request of Assistant District Attorney Robyn Singletary. The assistant district attorney brought to the…

2Cases cited3 opinions

  1. State v. VerbalCourt of Appeals of North Carolina · 1979
  2. State v. FordCourt of Appeals of North Carolina · 2004
  3. In Re Contempt Proceedings Against CogdellCourt of Appeals of North Carolina · 2007

3Cited by6 opinions

  1. State v. TrentCourt of Appeals of North Carolina · 2017
  2. State v. RevelsCourt of Appeals of North Carolina · 2016
  3. State v. GonzalezCourt of Appeals of North Carolina · 2021
  4. State v. PhillipsSupreme Court of North Carolina · 2014
  5. State v. RevelsCourt of Appeals of North Carolina · 2016

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