Legal Opinion
State v. Webb
Court of Appeals of North Carolina
Decided December 15, 1976No. 7610SC441Published
1Opinion of the Court
HEDRICK, Judge.
Defendant first contends the North Carolina procedure for the revocation of probation as applied to the defendant in this case does not comply with the due process requirements mandated by Morrisey v. Brewer, 408 U.S. 471, 33 L.Ed. 2d 484, 92 S.Ct. 2593 (1972), and Gagnon v. Scarpelli, 411 U.S. 778, 36 L.Ed. 2d 656, 93 S.Ct. 1756 (1973). For a succinct analysis of the cited cases see the decision of this Court in State v. O’Connor, 31 N.C. App. 518, 229 S.E. 2d 705 (1976). In O’Connor Chief Judge Brock wrote:
“Both cases, in mandating the preliminary hearing stage, were…
2Cases cited5 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Gagnon v. ScarpelliSupreme Court of the United States · 1973
- Billy Ray Hall v. O. M. Bostic, Monroe Prison Unit and the Attorney General of the State of North CarolinaCourt of Appeals for the Fourth Circuit · 1976
- Hall v. BosticDistrict Court, W.D. North Carolina · 1974
- State v. O'CONNORCourt of Appeals of North Carolina · 1976