State v. Barnes, 862 S.E.2d 852

Defendant James Dwayne Barnes was convicted of assault by strangulation, first-degree rape, first-degree kidnapping, and a first-degree sexual offense; the court imposed a consolidated sentence of 420–564 months.
The trial court found the offense sexually violent and aggravated and ordered lifetime satellite-based monitoring (SBM) upon release.
The trial court did not conduct a Grady hearing and the State presented no evidence regarding the reasonableness of lifetime SBM.
Defendant gave only oral notice of appeal; he later petitioned this Court for a writ of certiorari to obtain appellate review of the SBM order.
The Court of Appeals majority invoked Rule 2, reviewed the unpreserved Fourth Amendment claim, and vacated the lifetime SBM order without prejudice to the State’s ability to reapply; a judge dissented, arguing lack of jurisdiction and that certiorari should have been denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Appellate jurisdiction / preservation	Barnes failed to file written notice of appeal under Rule 3; his constitutional claim was unpreserved.	Oral notice was insufficient; certiorari should be granted to reach the SBM issue.	Court exercised certiorari and invoked Rule 2 to reach the merits (majority). Dissent: would dismiss for lack of jurisdiction.
Constitutionality of lifetime SBM / necessity of Grady hearing	State contends preservation defect but concedes that if reviewed, vacatur without prejudice is appropriate.	Lifetime SBM is an unreasonable, suspicionless search absent a Grady hearing and evidence proving reasonableness.	Vacated lifetime SBM order without prejudice because no Grady hearing and State presented no evidence to meet its burden; State may file a subsequent SBM application.

Grady v. North Carolina, 575 U.S. 306 (establishes balancing test for reasonableness of SBM search)
State v. Grady, 372 N.C. 509 (N.C. 2019) (clarifies State bears burden to show SBM is reasonable)
State v. Bursell, 372 N.C. 196 (N.C. 2019) (discusses invoking Rule 2 to reach unpreserved Fourth Amendment issues)
State v. Gordon, 270 N.C. App. 468 (N.C. Ct. App. 2020) (requires individualized showing of reoffense risk for future SBM)
State v. Ricks, 271 N.C. App. 348 (N.C. Ct. App. 2020) (addresses State/trial-court failures to conduct Grady hearing; persuasive on Rule 2 use)
State v. Brooks, 204 N.C. App. 193 (N.C. Ct. App. 2010) (written notice of appeal required for SBM orders)
State v. Griffin, 260 N.C. App. 629 (N.C. Ct. App. 2018) (when State could have presented evidence, reversal may be appropriate if State fails to meet burden)