From a Lawyer’s View: Jones v. Mississippi
Jones v. Mississippi: The Bare Minimum is “Constitutionally Sufficient” On April 22, 2021, the Supreme Court of the United States issued its decision in Jones v. Mississippi. The opinion was a long-awaited follow-up to the Miller v. Alabama (2012) and Montgomery v. Louisiana (2016) decisions involving the constitutionality of LWOP sentences for children convicted of first-degree murder. Miller and Montgomery were important victories for children, but they left many questions unanswered. For i
Week in Review: NC Court of Appeals – Juvenile Opinions
Happy Friday Readers! Today’s Week in Review will be a bit different and longer than most. Recently the NC Courts of Appeals has released opinions that we at OJD find useful and important to share. These opinions have been summarized by OJD’s very own Kim Howes and added to the Master List of Case Summaries available on our website! Have a great & safe weekend and comment below with your thoughts on these opinions! In re D.A.H., ___ N.C. App.,___, No. COA20-212, (April 20, 2021) In re D.A.H.
Week in Review: May 3-7
Happy Friday Readers! We hope wherever you are is bright and sunny because Raleigh and rainy and gloomy but #JuvenileJustice never stops. As always, we’re bringing you a great tip and a couple resources, along with a #OJDFlashback. Tip of the Week – Building Trust Investing 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 explain why you need to ask certain questions. Allow your client the oppo
Week in Review: April 26-30
Hello to all our readers out there! A shorter week in review but still some great information. Let’s get you headed into the weekend with a great Week in Review. RAISE THE AGE TIP OF THE WEEK! Where Is My Client Being Held? All juveniles under the 18 shall be held in a juvenile detention center or in a facility approved by the Juvenile Justice Section of the Division of Adult Corrections and Juvenile Justice. This also includes juveniles who have been transferred to superior court. If a juven
Week in Review: April 19-23
Happy Friday Readers! Another beautiful Friday in the books but it’s a bit cold in Raleigh. Where did spring go so fast? Well, at least there’s things like tea to keep us warm while we wrap up the week for you. First! A Tip! Immigration Consultations Did you know that IDS has made immigration consultants available to all defenders who have been appointed indigent clients? That means all of your juvenile clients! This may be especially helpful to determine if your client may be eligible for som
Week in Review: Apr 12-16
Welcome to the Weekend Readers! This week OJD was busy with meetings and discussions while also planning some new material to share with you all. We’d love to hear some of your thoughts, needs and wants to better assist you in your day to day work in Juvenile Justice. No idea is a bad one and you can contact anyone in the office! TIP OF THE WEEK When Should I Receive the Disposition Report? You should try to receive the disposition report prior to the dispositional hearing to review with your c
Week in Review: Apr 5-9
Happy Friday Readers! First week of April down and it’s getting warmer outside. Not to mention, time for pollen. We hope you’re stocked up on allergy cures for Spring. Well, it’s time for another Week in Review, let’s get started! Tip of the Week Prior Record Level Matters If your client’s prior record places him/her in a position for the judge to enter a level 1 OR 2 dispositional level, ALWAYS argue for a level 1 disposition. You can find a copy of the disposition chart here. Make sure to chec
From OJD!
Happy Easter and Passover from OJD! OJD wishes you a very Happy Easter & Passover 2021, with sunshine & good times with family. Stay safe and we’ll be back Friday to recap your #JuvenileDefense week. Thank you for all that you do! Happy Hoppy Holiday!
Week in Review: March 22-26
Another Friday in the books and the last one of March! So let’s jump into our Week in Review. TIP OF THE WEEK! If you have a client being held on a secure custody order – remember it’s the STATE’s burden to prove to the court, by clear and convincing evidence, that the juvenile should remain in custody AND no less intrusive alternative will suffice (§7B-1906(d)). That means it’s not the court counselor’s role! Ask the court for less restrictive means, for example electronic monitoring or house
Week in Review: March 15-19
Happy Friday Readers! Short and sweet Week in Review for you today. We’re at the middle of the month and who doesn’t love getting to the weekend faster? Tip of the Week Transcript of Admission Filling out a transcript of admission on any admission of a new offense is important for several reasons. It memorializes the record of admission in writing if subject to an appeal. Reviewing the transcript with your client helps your client better understand the admission and the rights s/he is assertin