Week in Review: October 17-21
Happy Friday Everyone! It’s been a road trip kind of week for OJD. On the counties visited this week: Cabarrus, Henderson, and Sampson! We really love getting to see our defenders in court and have many more trips planned to support the great work everyone does. This week, we have a tip on Restraints in Juvenile Court Tip of the Week – Restraints in Juvenile CourtIn adult and juvenile proceedings, we frequently have clients who are confined pretrial. Those clients are often brought into courtro
Case Law Corner: Vol. 2
Happy Friday, Defenders! Welcome back to Case Law Corner, where we take a monthly dive into new and significant case law affecting youth and the practice of juvenile defense. In August, we asked you to help us compile a list of the most significant US Supreme Court and North Carolina court decisions. Last month, we unveiled your top 10 USSC decisions. This month, we highlight 10 North Carolina cases you should know about that affect the youth of North Carolina.10 North Carolina Cases Affecting Y
Case Law Corner with Burcu Hensley: Vol. 1
Happy Friday, Defenders! Welcome back to Case Law Corner, where we take a monthly dive into new and significant case law affecting youth and the practice of juvenile defense. Last month we asked you to help us compile a list of the most significant US Supreme Court decisions – are you ready to see what you came up with? Well, here they are!Top US Supreme Court Decisions in Juvenile DelinquencyKent v. United States, 383 U.S. 541 (1966)The process of transfer to adult court is protected by due pr
Week in Review: August 15-19
Hey Hey! It’s Friday! OJD is attending the Juvenile Defender Conference at the School of Government today, but that doesn’t mean you won’t get a brand new tip of the week (from Terri!) or find out about a new job posting within IDS. Let’s get to it!Tip of the Week – Amending Juvenile PetitionsThe 2021Annual Report indicates that out of complaints filed in the fiscal year 2020-2021, over 29,000 complaints were made affecting over 11,000 distinct Youth. From those complaints and distinct youth, fi
Case Law Corner: A New Monthly Series
Happy Friday, defenders! We are excited to unveil a new project at OJD that we have affectionately named Case Law Corner! On the first Friday of each month, you can expect a post with updates and perspectives about recent or important case law to help you in the fight for justice.Previously, OJD was summarizing new delinquency cases filed by the NC Court of Appeals, the NC Supreme Court, and the occasional US Supreme Court case in our Case Summaries document available to defenders on our website
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: April 18-22
Happy Friday Defenders! It’s getting warmer outside and that means summer is here! Hopefully less school-based petitions and even less summer trouble for everyone! Let’s get started wrapping up the week with OJD. We have plenty to share. Tip of the Week – Publicity & Juvenile CasesIt’s often questioned if the identity of a juvenile should be released in the media. In the U.S. Supreme Court case Smith v. Daily Mail Pub. Co., 443 U.S. 97 (1979), the Court ruled that a state law prohibiting and pun
Week in Review: October 4-8
Stepping into the weekend ready to binge watch the new Netflix movies and shows, while catching up on some good ole R&R…sounds perfect. As always before we go grab our favorite blanket OJD is going to sum up the week with a tip, a couple resources and a look inside OJD’s participation in a Twitter chat.Tip of the Week Building TrustInvesting time is the single most important strategy for building trust and rapport with your client. You need to listen and ask questions without judgment, and exp