In Re Marshall ( 2008 )

STEELMAN, Judge,

dissenting.

This case is controlled by this Court’s holding in State v. Key, 182 N.C. App. 624, 643 S.E.2d 44 (2007), disc, review denied, 361 N.C. 433, 649 S.E.2d 398 (2007), and must be dismissed. Key involved a criminal contempt proceeding where there was no motion to recuse the hearing judge, and the defendant then attempted to call into question the impartiality of the judge for the first time on appeal. This Court held “ [t]his assignment of error has not been properly preserved and is dismissed.” Key at 632-33, 643 S.E.2d at 451. The majority’s lengthy attempt to distinguish Key cannot change its fundamental and controlling holding. I would dismiss Respondent’s appeal.