Case Law Corner Vol. 16
In re: D.R.J. No. COA23-671 New Hanover County 20 August 2024 https://appellate.nccourts.org/opinions/?c=2&pdf=43482 Summary of the Case: In July of 2021, juvenile petitions were filed alleging that “David” was delinquent for the commission of the offenses of felony incest, felony second-degree forcible rape, misdemeanor sexual battery, and felony crime against nature. The allegations arose out of conduct with his sister. David was 15 years old at the time of the offenses. During the adjudicat
OJD Case Law Corner Vol. 14
Happy Friday, Defenders! Welcome back to Case Law Corner. If you noticed that it’s been a little longer than usual since our last case law update, then you noticed correctly! We are adjusting our blog posting schedule, and Case Law Corner will be returning on a bi-monthly schedule – expect the next installment in July. Until then, here is your roundup of Delinquency Cases from February, March, and April 2024. In re: K.J.B.H.No. COA23-632Davie County6 February 2024Unpublished Opinionhttps://appel
OJD Case Law Corner Vol. 12
No. COA23-21Guilford County19 December 2023Unpublished Opinionhttps://appellate.nccourts.org/opinions/?c=2&pdf=42469 Summary of the Case: The youth, a 16-year-old male, was charged with misdemeanor assault and felony possession of a stolen firearm in Greensboro. The charges arose from an allegation that the youth had pointed a rifle at his stepfather, who called the police. Police only located the rifle under a pile of clothing in the youth’s bedroom after questioning the youth multiple times. E
Case Law Corner Vol.11: In re: A.G.J, In re: T.L.B, and thoughts from Asst. App. Def. David Andrews
In re: A.G.J, In re: T.L.B, and thoughts from Appellate Defender David Andrews.
Case Law Corner Vol. 10: No. COA22-965 & No. COA23-100
In re: S.C.No. COA22-965, 2023 N.C. App. LEXIS 529 Onslow CountySeptember 5, 2023https://appellate.nccourts.org/opinions/?c=2&pdf=42606Summary: A hearing was held in delinquency court on a petition for misdemeanor assault in which the youth testified on her own behalf. Before allowing the youth to take the stand, the Court did not conduct any colloquy with the youth nor advise her of her rights, including fifth amendment rights and protections. During her testimony, the youth made incriminating
Case Law Corner Vol. 9
In delinquency court, we often rely heavily on the statutes in the Juvenile Code to argue our position and persuade our judges to see things our way. But it’s no secret that the Code has gray areas and gaps that make the Grand Canyon look like a hairline fracture. That’s where case law comes in to play as a tool to help sway the opinion of the Court and make a ruling in our favor. There is an art to arguing case law beyond having looked up and read the cases. Using the facts from an opinion to d
Case Law Corner: Vol. 8
Can you believe that the last appellate decision for juvenile delinquency cases was back in December of 2022? I wrote about the three opinions in January and it had been quiet ever since… until now! Last month, the Court of Appeals issued an opinion on a Juvenile First-Degree Murder case originating in Buncombe County, and the NC Supreme Court issued its opinion for in re: J.U., for which I had written an earlier blog about the appellate defender’s office preparing for oral arguments. Here’s o
Case Law Corner: Vol. 6
Case Law Research ToolsHappy Friday, Defenders! This month’s Case Law Corner is a little different than the past few months – the Court of Appeals and Supreme Court have been quiet on opinions this past month, so we thought we would take advantage of the downtime from new cases to share some tips with everyone on legal research tools available to you when researching your cases. Have suggestions on other tools available that we missed? Leave a comment below!Juvenile Code Book AnnotatedThe majori
Case Law Corner: Vol. 5
NC Juvenile Case SummariesOpinions issued in December 2022 In re A.M.S.No. COA22-266, 2022 N.C. App. LEXIS 821 (Ct. App. Dec. 6, 2022)Unpublished OpinionDavidson CountyDecember 6, 2022https://appellate.nccourts.org/opinions/?c=2&pdf=41758Summary: Juvenile entered an Alford admission in district court to Possession of a Weapon on School Property and First-Degree Trespass. An assessment conducted by the Court Counselor indicated mental health concerns. During the admission, the Trial Court engaged
Case Law Corner: Vol. 4
NC Juvenile Case SummariesJuly 1, 2022 to November 30, 2022In re M.E.W.873 S.E.2d 685 (N.C. Ct. App. 2022)Unpublished OpinionGuilford CountyJuly 5, 2022https://appellate.nccourts.org/opinions/?c=2&pdf=41472Summary: The appeal was dismissed without prejudice as Appellant was unable to establish appellate jurisdiction of the matter. Even though the juvenile entered a written notice of appeal, there was no signed and filed adjudication and disposition orders from which an appeal could have been tak