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Court of Appeals Delinquency Opinions

Writer's picture: NC OJDNC OJD

The Court of Appeals released five delinquency related opinions in July.

Confessions

Rule(s): Ambiguous statement(s) touching on a juvenile’s right to have a parent present during an interrogation triggers a requirement for the interviewing officer to clarify the juvenile’s meaning

Adjudications

Rule(s): Adjudication orders are not required to delineate each element of an offense.

Detention and Custody

Rule(s): A juvenile is not considered in custody unless he is subjected to additional restraints beyond those generally imposed during school hours.

Conflicts and Restitution

Rule(s): (1) Dispositional orders requiring restitution must include findings of fact demonstrating that the best interests of the juvenile are being served.

(2) Unless circumstances indicate otherwise, trial courts may assume that multiple representation entails no conflict or that the attorney and his clients knowingly accept such risk of conflict may exist

Petitions

Rule(s): Short form language in juvenile petitions is allowable.

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