Week in Review: Apr 27 – May 1
Welcome to May Readers! April went by a whole lot faster than March and we’re glad everyone is still safe and joining us for another OJD Week in Review. TIP OF THE WEEK Secure Custody We are focusing our Tips of the Week on stages of juvenile proceedings that disproportionately impact youth of color. This week we are considering secure custody: 1. If possible, find out if your client is being detained before the initial secure custody hearing. It’s critical to start the attorney-client relatio
Week in Review: April 20-24
Hello from Friday with OJD. Another work from home week means that OJD is rounding up resources and information for you, anything we can do to help. It always goes without saying but thank you so much for your dedication to continuing the good (juvenile justice) fight, even from your homes. TIP OF THE WEEK Complaints Received We are focusing our Tips of the Week on stages of juvenile proceedings that disproportionately impact youth of color. This week we are considering complaints received: Att
Week in Review: Apr 13-17
Happy Friday Readers! It’s been another hard (at home) working week for OJD, but with a constant focus on providing the most beneficial and practical information during this time. This week we don’t have a tip for you, rather an important message regarding racial justice for juveniles of color and secure custody. With COVID-19 affecting our detention centers and YDCs, it’s vital to remember that fair treatment includes every juvenile. Read below for viable resources to combat that. In June 2019
Important North Carolina Defender Alert
Defenders, We want to make you aware of operational changes instituted by state juvenile justice officials in response to the Covid-19 pandemic that may affect youth held in detention. You can find the official policy release here. Of particular concern is the provision providing for “Placement of all juvenile detention center/crisis and assessment center admissions in medical room confinement for 14 days and until cleared by a medical provider to join the general population.” Our understanding
Week in Review: Mar 30-Apr 3
Happy Friday Readers & Welcome to a brand new month. We know it may not feel like it, but it goes without saying how we appreciate our essential workers, in both private and public sectors. You are the heroes. TIP OF THE WEEK! This week’s tip of the week is highlighting a juvenile delinquency case that defenders need to be aware of when your client wants to testify. In re J.B. was decided in 2018. The State appealed the original Court of Appeals decision, but the N.C. Supreme Court denied a he
Week In Review: March 23-27
Welcome to Friday! OJD would again like to thank all of our public defenders who are continuing their work while a crisis sweeps through our state. This week we want to focus on some resources and news regarding the youth in secure custody. As stated earlier this week, courts around the country are limiting or altogether restricting visitation to juvenile detention to combat the spread of COVID-19. While at a base level these limitations are important to the safety and physical health of these y
Week in Review: March 16-20
Welcome to Friday, March 20. As we recognize this week was more difficult than most, OJD would like to thank everyone for their patience and dedication to making sure our youth are taken care of, still well represented and fought for. Defenders, you are superheroes. 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
Week in Review: Feb 9-13
Good Morning Readers! We know it has been a chaotic week and one filled with a bit of stress. So we’ll keep it light and airy, an easy blog post for your enjoyment. 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 adjudication hearing because the failure to do so creates a heavier burden on appeal. A pretrial ruling on a mo
Week in Review: March 2-6
What a week for OJD! Started off smooth sailing and then 2 days at the UNC School of Government for the Intensive Juvenile Defender Training. But we’ll get to that later, first substance! Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender If the trial attorney does not file any motion to suppress, (or make an oral motion as allowed by §7B-2408.5(e)), the juvenile cannot raise a suppression issue on appeal. State v. Miller, 2018 N.C. LEXIS 425. If the juvenile
Week in Review: Feb 10-14
Happy Valentine’s Day Readers! We hope this day reaches you with lots of joy and smiles. Appeals Tip of the Week: Courtesy of David Andrews, Office of the Appellate Defender Motions to Dismiss – Always make a motion to dismiss at the close of the State’s evidence and at the close of all the evidence. Failure to do so waives the argument on appeal. In re Rikard, 161 N.C. App. 150 (2003). Challenge each element of each offense and raise variance arguments as well. If possible, constitutionalize t