State v. Cozart
Court of Appeals of North Carolina
1ConcurrenceZachary, Judge
As Defendant did not object in the trial court to the constitutionality of his enrollment in satellite-based monitoring, in order to reach the merits of that argument this Court would be required-in addition to allowing certiorari-to take the extraordinary step of invoking Rule 2. The Majority declines to do so, and I concur. I write separately to convey my disquiet with this outcome.
In State v. Bishop , we noted that a petition for writ of certiorari " 'must show merit[.]' " State v. Bishop , --- N.C. App. ----, ----, 805 S.E.2d 367, 369 (2017) (quoting State v. Grundler , 251 N.C. 177, 189,…
2Cases cited4 opinions
- State v. HartSupreme Court of North Carolina · 2007
- State v. GrundlerSupreme Court of North Carolina · 1959
- State v. BishopCourt of Appeals of North Carolina · 2017
- State v. HillCourt of Appeals of North Carolina · 2016