State v. Cochran
CourtCourt of Appeals of North Carolina
Date FiledNovember 4, 2026
Docket25-695
JudgeJudge Jeff Carpenter
StatusUnpublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
An unpublished opinion of the North Carolina Court of Appeals does not constitute
controlling legal authority. Citation is disfavored, but may be permitted in accordance with
the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
IN THE COURT OF APPEALS OF NORTH CAROLINA
No. COA25-695
Filed 4 November 2026
Guilford County, No. 16CR088977-400
STATE OF NORTH CAROLINA
v.
KHALID EDWARD COCHRAN, Defendant,
FINANCIAL CASUALTY & SURETY INC, Surety,
and JOSEPH M. DAVIS, SR., Petitioner.
Appeal by Petitioner from order entered 9 December 2024 by Judge Tonia A.
Cutchin in Guilford County Superior Court. Heard in the Court of Appeals 25 March
2026.
Hall & Dixon, PLLC, by Ronard Dixon, Jr., for Petitioner-Appellant.
Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by Mae N. Zeitouni
and Daniel L. Colston, for Appellee Guilford County Board of Education.
CARPENTER, Judge.
Petitioner appeals from the trial court’s order denying his motion to remit
judgment of forfeiture. On appeal, Petitioner argues that the trial court failed to
exercise its discretion. After careful review, we dismiss.
I. Factual & Procedural Background
STATE V. COCHRAN
Opinion of the Court
Petitioner is a bail bondsman that posted bond for Defendant Khalid Cochran.1
After Defendant Cochran failed to appear on 16 January 2024, the trial court entered
an order for his arrest and bond forfeiture. The Guilford County Clerk of Superior
Court (the “Clerk”) subsequently entered the bond forfeiture according to the
information listed on Cochran’s Appearance Bond. Due to a clerical error, on 25
January 2025, the Clerk mistakenly sent the notice of bond forfeiture to the wrong
surety company. On 29 February 2024, the Clerk corrected the error and sent
Petitioner and both surety companies notice of the forfeiture. No party filed a motion
to set aside the forfeiture, and the trial court entered final judgment on 23 June 2024.
Petitioner filed a motion to remit judgment of forfeiture, and on 9 December
2024, the trial court conducted a hearing on the matter. During the hearing,
Petitioner testified that “extenuating circumstances” existed to justify relief from
forfeiture because (1) he did not receive notice of the forfeiture until 23 June 2024;
and (2) police apprehended Defendant Cochran on 29 February 2024. Petitioner later
acknowledged that the Clerk sent him a corrected notice on 29 February 2024. The
trial court asked Petitioner if he could provide any other extraordinary
circumstances. When Petitioner offered no other extraordinary circumstances, the
trial court stated that Petitioner “ha[d] not established one or more of the reasons
1 Petitioner did not include a statement of the procedural background or a statement of facts
within his appellate brief. We derived our factual and procedural background from Appellee’s brief,
which cites to the record on appeal.
-2-
STATE V. COCHRAN
Opinion of the Court
specified by the statute . . . .” The trial court entered an order that day, denying
Petitioner’s motion and finding that Petitioner had not established an extraordinary
circumstance to justify relief from the forfeiture judgment. Petitioner filed timely
notice of appeal.
II. Jurisdiction
At the outset, we must address Petitioner’s numerous violations of our Rules
of Appellate Procedure. In his appellate brief, Petitioner failed to include a statement
of grounds for appellate review, a statement of the case, and a statement of facts. He
also failed to reference the record on appeal in his argument.
An appellant’s brief shall contain: “a concise statement of the procedural
history of the case;” a “statement of the grounds for appellate review;” and a “full and
complete statement of the facts . . . which are necessary to understand all issues
presented for review, supported by [citations to the record on appeal].” N.C. R. App.
P. 28(b) (3)–(5) (2025). The Rules of Appellate Procedure are necessary “to enable the
courts properly to discharge their dut[y] of resolving disputes.” Dogwood Dev. &
Mgmt. Co. L.L.C. v. White Oak Transp. Co., 362 N.C. 191, 193, 657 S.E.2d 361, 362
(2008). Compliance with the rules, therefore, is mandatory. Id. at 194, 657 S.E.2d at
362.
Yet “noncompliance with the appellate rules does not, ipso facto, mandate
dismissal of an appeal.” Id. at 194, 657 S.E.2d at 363. Noncompliance with Rule
28(b) is a nonjurisdictional violation. Id. at 198, 657 S.E.2d at 365. Nonjurisdictional
-3-
STATE V. COCHRAN
Opinion of the Court
rule violations, “while perhaps indicative of inartful appellate advocacy, do[ ] not
ordinarily give rise to the harms associated with review of unpreserved issues or lack
of jurisdiction.” Id. at 198, 657 S.E.2d at 365. “[T]he appellate court faced with a
default of this nature possesses discretion in fashioning a remedy to encourage better
compliance with the rules.” Id. at 198, 657 S.E.2d at 365. In exercising that
discretion, this Court considers whether the violations are “substantial,” frustrate the
adversarial process, or impair the Court’s ability to conduct meaningful review. Id.
at 200, 657 S.E.2d at 366–67.
Here, Petitioner’s violations are substantial and impair our ability to conduct
meaningful review. See id. at 200, 657 S.E.2d at 366–67. Petitioner’s appellate brief
does not include a statement of facts, a statement of the case, or a statement of the
grounds for appellate review, in violation of Rules 28(b)(3), (4), and (5). See N.C. R.
App. P. 28(b) (3)–(5). Most notably, Petitioner fails to provide adequate citation to
the record in several portions of the argument and, at points, advances assertions
unsupported by any citation at all. See N.C. R. App. P. 28(b)(6) (requiring that
arguments contain “citations of the authorities upon which the appellant relies” and
“reference[s] to the record on appeal”). These deficiencies hinder meaningful
appellate review by requiring this Court to search the record for support of
Petitioner’s contentions. See Dogwood Dev. & Mgmt. Co. L.L.C., 362 N.C. at 200, 657
S.E.2d at 366–67. Moreover, Petitioner’s violations frustrate the adversarial process.
See id. at 200, 657 S.E.2d at 366–67. Because Petitioner included no statement of
-4-
STATE V. COCHRAN
Opinion of the Court
facts, Appellee had to provide this Court with the requisite facts needed to
understand any of Petitioner’s arguments. Because these violations foreclose review,
we exercise our discretion and dismiss Petitioner’s appeal. See id. at 200, 657 S.E.2d
at 366–67.
III. Conclusion
Because Petitioner’s violations of our Rules of Appellate Procedure hinder our
review, we exercise our discretion and dismiss his appeal.
DISMISSED.
Judges STROUD and HAMPSON concur.
Report per Rule 30(e).
-5-