State v. BishopÂ, 255 N.C. App. 767

Robert Lewis Bishop was convicted by jury of three counts of taking indecent liberties with a child (his five‑year‑old daughter) and sentenced to consecutive terms totaling 16–29 months each. The court also ordered 30 years of satellite‑based monitoring.
Immediately after, Bishop entered Alford pleas to two additional indecent‑liberties counts based on earlier conduct against his younger brothers; the court imposed suspended sentences and found Bishop a recidivist, ordering lifetime satellite‑based monitoring.
Bishop did not raise Fourth Amendment (Grady‑hearing) objections to satellite monitoring at the sentencing hearings and did not timely appeal the monitoring orders.
Bishop petitioned this Court for writ of certiorari to review the unpreserved constitutional challenge and the recidivism determination.
The Court of Appeals declined certiorari, finding the issues either procedurally barred or meritless, and dismissed the untimely appeal for lack of appellate jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by ordering satellite‑based monitoring without a Grady hearing determining reasonableness under the Fourth Amendment	State: Sentence and monitoring were lawful; argument waived for failure to timely preserve/appeal	Bishop: Court should have held a Grady hearing; monitoring unreasonable without one	Court: Bishop failed to preserve issue and did not show grounds to invoke certiorari or Rule 2; declined to review and dismissed appeal
Whether Bishop was properly found a "recidivist" qualifying him for lifetime monitoring	State: Statute applies when defendant has a prior reportable conviction; Bishop had such a prior conviction	Bishop: Convictions occurring the same day cannot be "prior convictions" for recidivist status	Court: Convictions and sentencing for earlier offenses occurred before the later plea, so statutory "prior conviction" requirement met; argument meritless and certiorari denied

State v. Grundler, 251 N.C. 177, 111 S.E.2d 1 (N.C. 1959) (certiorari requires showing of probable error or merit)
State v. Garcia, 358 N.C. 382, 597 S.E.2d 724 (N.C. 2004) (preservation rules for appellate review)
State v. Roache, 358 N.C. 243, 595 S.E.2d 381 (N.C. 2004) (appellate waiver doctrine)
State v. Haselden, 357 N.C. 1, 577 S.E.2d 594 (N.C. 2003) (consequences of failing to preserve objections)
State v. Hart, 361 N.C. 309, 644 S.E.2d 201 (N.C. 2007) (Rule 2 extraordinary relief and caution against inconsistent application)
State v. Springle, 781 S.E.2d 518 (N.C. Ct. App. 2016) (simultaneous convictions may not count as "prior convictions" for recidivist status)
State v. Blue, 783 S.E.2d 524 (N.C. Ct. App. 2016) (procedure to preserve Fourth Amendment challenge to satellite monitoring)
State v. Morris, 783 S.E.2d 528 (N.C. Ct. App. 2016) (same)
State v. Modlin, 796 S.E.2d 405 (N.C. Ct. App. 2017) (invoked Rule 2 where parties lacked benefit of Blue and Morris guidance)