Week in Review: June 20-24
CONGRATULATIONS TO DAVID ANDREWS & KATHY VANDENBERG!Congratulations David and Kathy for your victory in not one but TWO North Carolina Supreme Court cases finding de facto life sentences without parole for juveniles unconstitutional! You can read about their win here: https://appellate.nccourts.org/opinions/?c=1&pdf=41495 Tip of the Week – How Do I Know the State Will be Seeking the Gang Enhancement Against My Juvenile? Under current law, there is no process for notice to the juvenile and the j
From a Lawyer’s View: What If My 13-, 14- or 15-Year-Old Client Gets Indicted?
When Raise the Age (RTA) was passed, it created a new procedure in juvenile court. A 16- or 17-year-old charged with a Class A through G offense can be indicted by a grand jury after a petition is filed, and then transferred by a district court judge to superior court. However, this law does not extend to 13-, 14-, or 15-year-olds who are charged with the same offenses and transfer is being sought. The law governing 13-, 14- and 15-year-olds is found under N.C.G.S. 7B-2200, while the law gove
Week in Review: March 7-11
We’re so happy to see you Friday! This was another week full of meetings and prep to get OJD on the road visiting as many of the 100 counties in NC and their courts, getting ready for an exciting announcement AND the 2022 Intensive Juvenile Defender Training (which we will recap next week!) Don’t forget to set your clocks back Saturday night! Spring is coming!Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender Suppression motions and contested adjudicatory hearin
Week in Review: October 11-15
Happy Friday to our readers! OJD had a pretty great week, our first Office Check-in with Burcu in the office (don’t worry, Terri will be around soon!), created some great action plans and prepped for next month OJD CLEs. Let recap the week with more information.Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender Suppression motions and admissions – Give the prosecutor and the court notice of the juvenile’s intent to appeal the suppression order before the juvenil
Week in Review: August 2-6
Happy Fri-YAY Readers! This week was a bit exciting for OJD but we won’t get into that JUST yet, just know…an announcement is coming your way very soon. Before we all head into one of the last weekends of summer, let’s share a tip and a congratulations.TIP OF THE WEEK Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender Suppression motions and contested adjudicatory hearings – If the suppression motion is denied, object when the evidence is admitted at the adjud
Reflecting on J.D.B. v. North Carolina, Part Two
A Reflection on the 10-Year Anniversary of J.D.B. v. North CarolinaBy: LaToya B. Powell, Assistant Legal Counsel, NC Administrative Office of the CourtsIn 2009, while working in the Appellate Section at the NC Department of Justice, I was assigned to represent the State of NC in J.D.B.’s appeal to the NC Supreme Court. My first reaction, after reading the transcripts and the juvenile-appellant’s brief, was that the State probably needed to concede the issue of whether the juvenile was in custody
Reflecting on J.D.B. v. North Carolina: Part One
J.D.B. v. North Carolina (2011) was not only a triumphant case for juvenile delinquency matters, but set the tone for how juveniles who are alleged to have committed criminal acts to be approached by law enforcement. If you’re unfamiliar with the case, here’s a brief (non-law) synopsis. As a juvenile, his name is not released to the public hence the J.D.B. abbreviation:J.D.B. was a 13-year-old student enrolled in special education classes. The police noted him as a suspect of committing two sepa