Legal Opinion

State v. Poole

Court of Appeals of North Carolina

Decided July 2, 2013No. COA12-1150PublishedCited by 4 opinions

1Opinion of the Court

STROUD, Judge.

The State appeals from an order entered 5 June 2012 dismissing an indictment charging Tracy Allen Poole (“defendant”) with violating an *249ex parte domestic violence protective order (DVPO) that required him to surrender his firearms. We conclude that the Supreme Court case relied upon by the trial court is not controlling on the issue presented here because of subsequent statutory amendments and that prosecution of defendant for violation of an ex parte order does not violate his procedural due process rights. Therefore, we reverse the trial court’s order and remand for further…

2Cases cited14 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Hamdi v. RumsfeldSupreme Court of the United States · 2004
  3. Cohens v. VirginiaSupreme Court of the United States · 1821
  4. McDonald v. City of ChicagoSupreme Court of the United States · 2010
  5. United States v. James Daniel Good Real PropertySupreme Court of the United States · 1993

9 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Stancill v. StancillCourt of Appeals of North Carolina · 2015
  2. Medlin v. North Carolina Specialty Hospital, LLCCourt of Appeals of North Carolina · 2014
  3. Thomas v. WilliamsCourt of Appeals of North Carolina · 2015
  4. Griffin v. ReichardCourt of Appeals of North Carolina · 2015

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