In Re Contempt Proceedings Against Cogdell

BRYANT, Judge.

Harold W. Cogdell, Jr. (defendant) appeals from an order entered 24 May 2006 holding him in criminal contempt in violation of N.C. Gen. Stat. § 5A-ll(a)(6) for the “willful or grossly negligent failure by an officer of the court to perform his duties in an official transaction.” For the reasons stated herein, we reverse.

Defendant Cogdell appeared before the 15 May 2006 Criminal Session of the Superior Court of Cabarrus County as the attorney for David Joseph Buoniconti. During cross-examination, defendant asked a State’s witness, Detective D.G. Waller “at what point in time was…