Juvenile Justice Case Compendium

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Results: 216
Case Name & Citation Case Description
In the Matter of D.W.L.B.
____ N.C. App. ____ (September 17, 2019)
    • Facts: The juvenile, an elementary school student, was found by a hand dryer in the school bathroom over which the words “BOMB INCOMNG” were written on the wall in black magic marker. Later that day, the juvenile was called to the principal’s office and was found to have a black...
In the Matter of E.A.
__ N.C. App. __ (September 17, 2019)
  • Facts: E.A. was adjudicated delinquent for assault with a deadly weapon with intent to kill and malicious conduct upon a government official and ordered to probation supervision under a Level 2 disposition. At a subsequent hearing on a motion for review, probation was revoked and E.A. was...
In the Matter of K.W.
No. COA19-108 (August 20, 2019)
  • Facts: K.W. and three other juveniles approached the victim while she was sitting in her car waiting to pick her son up from a bus stop. The victim believed that the youth were requesting a ride and rolled down her window and told them that she could not help them. A few minutes later the...
In the Matter of J.D.
___ N.C.App.___ (August 20, 2019)
  • Facts: Zane, a guest at J.D.’s house for a sleepover, awoke to find his pants pulled down and J.D. behind him. J.D. also had his pants down and was engaged in a thrusting motion behind Zane. Zane testified that he believed someone was holding his legs and that he felt J.D.’s privates on his...
In the Matter of T.T.E.
__ N.C. __
  • Facts: T.T.E threw a chair in the school cafeteria during a period when students can receive tutoring and relax in the cafeteria. The chair did not hit anyone or anything. T.T.E. ran out of the cafeteria after throwing the chair. The School Resource Officer (SRO) was in the cafeteria and...
In the Matter of B.B.
__ N.C.App. __ (February 5, 2019)
  • Facts: The juvenile was committed to a Youth Development Center under a Level 3 disposition that resulted from a violation of his probation. This appeal was based on the district court’s denial of a request for a continuance made by the juvenile’s attorney at the review hearing. The...
In the Matter of E.M.
__ N.C.App. __ (January 15, 2019)
  • Facts: The juvenile was initially placed on probation as a Level 2 disposition following an admission to conspiracy to criminal common law robbery. He subsequently admitted to violating his probation by being suspended from school and leaving home without permission for three days....
In the Matter of B.W.
___ N.C.App.___ (December 18, 2018)

Facts: Police responded to B.W.’s home following a call alleging that a juvenile was using drugs and alcohol there. B.W. answered the door and the detective smelled the odor of marijuana and observed B.W. to have red, glassy eyes. B.W. denied using marijuana. The police heard commotion in the...

In the Matter of: D.K.
____ N.C. App. ____ (September 4, 2018)
  • Facts: The eight year old juvenile was adjudicated delinquent for a crime against nature. The evidence established that he told the seven year old victim to pull down her pants and he then touched and licked her genital area.
  • Opinion: The juvenile’s attorney failed to provide...
In the Matter of J.B.
___ N.C.App. ____ (Sept. 18, 2018)

The trial court erred in failing to advise the juvenile of his right against self-incrimination before he testified and incriminated himself during an adjudication hearing. The juvenile was charged with assault on a government employee after allegedly throwing a milk carton at a teacher and...

State v. Williams
___ N.C.App. ___ (Sept.18, 2018)

In 2011, after being convicted on two counts of first-degree murder, the seventeen year old defendant was sentenced to life in prison without the possibility of parole. Following the Supreme Court’s decision in Miller v. Alabama, 567 U.S. 460 (2012), and enactment of conforming legislation in...

In the Matter of: T.T.E.
____ N.C. App. ____ (July 17, 2018)
  • Facts: The incident occurred at school and began with the juvenile throwing a chair in the cafeteria. The School Resource Officer (SRO) testified that no one was hit by the chair, nor did he see anyone who could have been hit by the chair. After throwing the chair the juvenile ran from the...
In the Matter of: T.T.
____ N.C. App. ____ (June 5, 2018)
  • Facts: The police received a report of a vehicle break-in by perpetrators who had fled on foot. An officer saw the juvenile with two other people who matched the description of the vehicle break-in perpetrators and the police stopped the group of three. When an officer with a canine arrived...
In the Matter of: I.W.P.
____ N.C. App. ____ (May 1, 2018)
  • Facts: The juvenile, who was already on probation, encouraged another youth to pull the fire alarm of a middle school on the last day of school. Evidence presented during adjudication included that the juvenile asked the other youth to pull the alarm four different times during at least two...
In the Matter of: J.D.
____ N.C. App. ____ (March 6, 2018)
  • Facts: The juvenile was adjudicated delinquent and placed on probation after admitting to possession of marijuana and resisting, delaying, and obstructing an officer at a hearing in March of 2016. His period of probation was subsequently extended twice, once in September of 2016 and again...
In the Matter of: J.B.
____ N.C. App. ____ (January 2, 2018)
  • Facts: The juvenile pushed a printer and computer off his teacher’s desk, causing damage to the printer. He made a motion to dismiss at the close of the State’s evidence, asserting that there was no evidence that the owner of the property was the Charlotte-Mecklenburg Board of Education....
In the Matter of: R.S.M.
____ N.C. App. ____ (December 19, 2017)
  • Facts: The juvenile was on probation for a variety of charges related to breaking and/or entering, robbery, larceny, and intimidating a witness. The judge announced orally that she was ordering commitment to a Youth Development Center (YDC) at a dispositional hearing on probation violations...
State v. Saldierna
__ N.C. App. __ (2017)

On remand from the NC Supreme Court’s decision in State v. Saldierna, __ N.C. __, 794 S.E.2d 474 (2016), the Court of Appeals reversed the trial court’s order denying the juvenile’s motion to suppress and vacated his convictions because the waiver of his statutory and constitutional rights...

In the Matter of T.K.
__ N.C. App. __, 800 S.E.2d 463 (2017)

In a disorderly conduct case, the adjudication was reversed where the petition was not signed by a juvenile court counselor nor marked as “Approved for filing.” A petition alleging delinquency that does not include the signature of a juvenile court counselor (or other appropriate State...

In the Matter of T.K.
__ N.C. App. __, 800 S.E.2d 463 (2017)

In a disorderly conduct case, the adjudication was reversed where the petition was not signed by a juvenile court counselor nor marked as “Approved for filing.” A petition alleging delinquency that does not include the signature of a juvenile court counselor (or other appropriate State...

In the Matter of D.E.P.
__ N.C. App. __, 796 S.E.2d 509 (2017)

The trial court was not required by G.S. 7B-2512 to make findings of fact that addressed each of the G.S. 7B-2501(c) factors and did not abuse its discretion in ordering a Level 3 commitment based on the juvenile’s repeated violations of probation.

Disposition Order Findings. The court...

In the Matter of D.E.P.
__ N.C. App. __, 796 S.E.2d 509 (2017)

The trial court was not required by G.S. 7B-2512 to make findings of fact that addressed each of the G.S. 7B-2501(c) factors and did not abuse its discretion in ordering a Level 3 commitment based on the juvenile’s repeated violations of probation.

Disposition Order Findings. The court...

State v. Saldierna
__ N.C. __, 794 S.E.2d 474 (2016)

The 16-year-old defendant’s request to call his mother at the beginning of the police interrogation was not a clear invocation of his right to consult a parent or guardian before being questioned. After the...

State v. Young
369 N.C. 118 (2016)

The defendant’s mandatory sentence of life imprisonment without parole for a murder he committed at age seventeen violated the Eighth Amendment’s prohibition against cruel and unusual punishment under Miller v. Alabama. In 1999, defendant was sentenced to life imprisonment without parole for a...

State v. Seam
__ N.C. __, 794 S.E.2d 439 (2016)

For the reasons stated in State v. Young, 369 N.C. 118 (2016) (No. 80A14), the defendant’s mandatory sentence of life imprisonment without parole for a felony murder committed when defendant was 16-years old violated the Eighth Amendment’s prohibition against cruel and unusual punishment under...

State v. Perry
__ N.C. __, 794 S.E.2d 280 (2016)

The defendant’s mandatory sentence of life imprisonment without parole for a murder he committed at age seventeen violated the Eighth Amendment’s prohibition against cruel and unusual punishment under Miller v. Alabama. In 2008, defendant was convicted of armed robbery and first-degree murder...

In the Matter of S.A.A.
__ N.C. App. __, 795 S.E.2d 602 (2016)

In a simple assault and sexual battery case, the trial court erred by denying the juvenile’s motion to dismiss the sexual battery petitions for insufficient evidence of a sexual purpose. The 13-year-old juvenile was adjudicated delinquent for two counts each of simple assault and sexual battery...

State v. Watson
__ N.C. App. __, 792 S.E.2d 171 (2016)

In an attempted robbery case, the trial court did not err by denying the 16-year-old defendant’s motion to suppress statements he made to a police officer outside the presence of his parent. After executing an arrest warrant, officers placed defendant in custody and...

State v. James
__ N.C. App. __, 786 S.E.2d 73 (2016)

In a resentencing hearing for a defendant convicted of first-degree murder committed at age 16, the trial court failed to make adequate findings of fact to support its decision to impose a sentence of life without parole. Under G.S. 15A-1340.19C, the court must...

State v. Collins
__ N.C. App. __, 783 S.E.2d 9 (2016)

In a first-degree statutory rape case, the superior court lacked original subject matter jurisdiction for three out of four counts of first-degree statutory rape where no evidence showed that the defendant was at least 16-years-old at the time of the offenses. All...

State v. Bowlin
__ N.C. App. __, 783 S.E.2d 230 (2016)

The defendant’s constitutional rights were not violated when he was sentenced as an adult, following transfer, for three counts of first-degree sexual offense committed when he was 15. Defendant argued that the mandatory adult sentencing requirements violated the Eighth Amendment by prohibiting...

In the Matter of K.M.M.
242 N.C. App. 25 (2015)

There was substantial evidence identifying the juvenile as the perpetrator of a misdemeanor larceny such that the trial court did not err by denying his motion to dismiss. On October 16, 2013, at approximately 5:30 p.m., three African-American males stole the victim’s...

In the Matter of K.M.M.
242 N.C. App. 25 (2015)

The trial court included sufficient findings of fact in the adjudication order to comply with G.S. 7B-2411, which requires the court to find, at a minimum, that the allegations in the petition have been proved beyond a reasonable doubt. The trial court found in its...

State v. Antone
240 N.C. App. 408 (2015)

The trial court erred by sentencing defendant to life without parole for a murder committed when defendant was 16 because the trial court’s one-page order failed to comply with the statutory mandate to “include findings on the absence or presence of any mitigating...

In the Matter of D.S.B.
239 N.C. App. 482 (2015)

(1) Despite a clerical error referencing a previously expired term of probation for a “minor” offense, the motion for review provided adequate notice to the juvenile that he might receive a Level III disposition for violating his probation because the motion...

In the Matter of R.D.
_ N.C. App. __, 776 S.E.2d 685 (2015)

The trial court’s disposition order did not violate G.S. 7B-2513(a), which authorizes a maximum commitment period that does not exceed the maximum possible sentence that any adult could receive for the same offense, without consideration of prior record levels or the existence...

In the Matter of M.J.G.
234 N.C. App. 350 (2014)

In an assault case, the trial court’s adjudication order complied with G.S. 7B-2411, which requires a written finding that “the allegations in the petition have been proved [beyond a reasonable doubt].” In the blank space on the adjudication order where the trial...

In the Matter of M.J.G.
234 N.C. App. 350 (2014)

The trial court did not err by denying the juvenile’s motion to dismiss an assault petition. The juvenile, a Sixth grade student, was charged with simple assault and disorderly conduct at school arising from his behavior during a charity volleyball game in the school...

In the Matter of P.Q.M.
232 N.C. App. 419 (2014)

The trial court did not abuse its discretion by declining to impose a Level 2 disposition based upon written findings of extraordinary needs under G.S. 7B-2508(e). Because the juvenile had a “medium” delinquency history level and was adjudicated delinquent for a “...

In the Matter of P.Q.M.
232 N.C. App. 419 (2014)

The trial court did not err by finding that the juvenile had two prior adjudications, even though one of them occurred after the adjudication of the offense for which disposition was being ordered. The juvenile was adjudicated delinquent on three separate dates:...

In the Matter of Z.T.W.
238 N.C. App. 365 (2014)

Relying upon a recent decision by the North Carolina Supreme Court, the court held that the trial court did not err by revoking the juvenile’s probation based solely upon the admission of hearsay evidence. See State v. Murchison, 367 N.C. 461 (2014) (holding that,...

In the Matter of Z.T.W.
238 N.C. App. 365 (2014)

The trial court did not err by finding the juvenile to be in willful violation of his probation by not attending school regularly and violating school rules by communicating threats to a teacher. (1) The juvenile failed to preserve his argument that the trial court...

In the Matter of Z.T.W.
238 N.C. App. 365 (2014)

The court rejected the State’s argument that the juvenile’s appeal of the trial court’s order placing him in secure custody pending his transfer to an out-of-home placement was moot on the ground that the issue is “capable of repetition, yet evading review.” An order...

In the Matter of J.F.
237 N.C. App. 218 (2014)

In a sex offense case, the trial court lacked jurisdiction to conduct a dispositional hearing after the juvenile appealed the adjudication order under G.S. 7B-2602, which allows a juvenile to appeal the adjudication order when no disposition has been entered within 60...

In the Matter of M.J.G.
234 N.C. App. 350 (2014)

In an assault case, the trial court ordered as a condition of the disposition that the juvenile’s parents attend parenting classes. Following the entry of the disposition, the juvenile’s attorney informed the court that the juvenile’s mother wanted “to say a few words...

In the Matter of J.F.
237 N.C. App. 218 (2014)

(1) Two juvenile petitions alleging first-degree sex offense under G.S. 14-27.4(a)(1) and two petitions alleging crime against nature under G.S. 14-177 provided sufficient notice because the allegations followed the statutory language of both offenses. The petitions...

In the Matter of Z.T.W.
238 N.C. App. 365 (2014)

Due to the lack of a file stamp on the trial court’s orders finding the juvenile to be in willful violation of his probation, ordering an out-of-home placement, and placing him in secure custody pending the out-of-home placement, it was unclear whether the juvenile...

In the Matter of M.J.G.
234 N.C. App. 350 (2014)

In an assault case, the trial court did not err by allowing the alleged victim of the assault to testify that the juvenile’s expression was “very defiant” when he “body checked” her after exiting the bleachers in the school gymnasium. The court rejected the juvenile’s...

In the Matter of J.F.
237 N.C. App. 218 (2014)

In a case involving first-degree sex offense and crime against nature petitions, the State was not required to present evidence of “sexual purpose.” Sexual purpose is not an element of first-degree sex offense and crime against nature. Noting that the legislature intentionally included sexual...

In the Matter of P.Q.M.
232 N.C. App. 419 (2014)

Where the juvenile was adjudicated delinquent in three separate sessions of juvenile court that occurred on January 5, 2012, November 29, 2012, and December 3, 2012, which were all calendared for disposition on March 4, 2013, the trial court was not required to...

In the Matter of M.J.G.
234 N.C. App. 350 (2014)

The trial court did not err by denying the juvenile’s motion to dismiss a disorderly conduct petition. The juvenile, a Sixth grade student, was charged with simple assault and disorderly conduct at school arising from his behavior during a...

In the Matter of J.F.
237 N.C. App. 218 (2014)

In a case involving first-degree sex offense and crime against nature petitions, the State was not required to present evidence of “sexual purpose.” Sexual purpose is not an element of first-degree sex offense and crime against nature. Noting that the legislature intentionally included sexual...

In the Matter of Z.T.W.
238 N.C. App. 365 (2014)

The trial court did not err by ordering, under G.S. 7B-1903(c), that the juvenile be held in secure custody pending his transfer to an out of home placement. (1) G.S. 7B-1906(g), which requires a written order with appropriate findings of fact regarding the evidence relied upon and the...

In the Matter of A.N.C., Jr.
225 N.C. App. 315 (2013)

The evidence was sufficient to sustain a juvenile’s adjudication as delinquent for driving with no operator’s license under the corpus delicti rule. The thirteen-year-old juvenile admitted that he drove the vehicle. Ample evidence, apart from this confession existed,...

In the Matter of A.N.C., Jr.
225 N.C. App. 315 (2013)

An officer had reasonable suspicion that criminal activity was afoot to justify an investigatory seizure that occurred when the officer was investigating an alleged larceny of missing cash and observed the juvenile trying to swallow something green. The officer asked...

In the Matter of C.W.N., Jr.
227 N.C. App. 63 (2013)

Counsel’s failure to present a closing argument in a nonjury juvenile delinquency hearing is not per se ineffective assistance of counsel because such a rule would create a presumption that silence is always prejudicial. The juvenile, who was 15 years old, and three...

In the Matter of E.K.H.
226 N.C. App. 448 (2013)

The trial court is statutorily required to receive and consider a risk and needs assessment prior to entering a disposition order. After adjudicating the juvenile delinquent for common law robbery and conducting...

In the Matter of K.C.
226 N.C. App. 452 (2013)

The court dismissed without prejudice the juvenile’s claim that he received ineffective assistance of counsel, indicating that the juvenile could pursue that claim by filing a motion in the cause. The court noted that due to the nature of IAC claims, defendants will...

In the Matter of A.N.C., Jr.
225 N.C. App. 315 (2013)

The evidence was insufficient to adjudicate the thirteen-year-old juvenile delinquent for unauthorized use of a motor vehicle. Although the evidence showed that the juvenile was operating a motor vehicle registered to his mother, there was no evidence that he was...

In the Matter of A.F.
231 N.C. App. 348 (2013)

The trial court erred by denying the juvenile’s motion to modify the disposition order based upon the erroneous calculation of the juvenile’s delinquency history level. Because the trial court never extended the juvenile’s probation, it expired on June 13, 2012, which...

In the Matter of A.F.
231 N.C. App. 348 (2013)

The trial court erred by denying the juvenile’s motion to modify the disposition order based upon the erroneous calculation of the juvenile’s delinquency history level. Because the trial court never extended the juvenile’s probation, it expired on June 13, 2012, which...

In the Matter of G.C.
30 N.C. App. 511 (2013)

The trial court did not err by adjudicating the juvenile delinquent and entering a disposition order without first holding separate adjudication and disposition hearings. The 13-year-old juvenile was charged in juvenile petitions with two counts of first-degree sexual offense...

In the Matter of J.L.H.
230 N.C. App. 214 (2013)

The juvenile’s appeal of an order denying his release from a youth development center was not rendered moot by his release from YDC during the pendency of the appeal because there were adverse collateral consequences, such as the fact that his release date and the...

In the Matter of A.N.C., Jr.
225 N.C. App. 315 (2013)

The evidence was insufficient to adjudicate the thirteen-year-old juvenile delinquent for reckless driving under G.S. 20-140(b). The evidence showed that the juvenile was driving a vehicle registered to his mother at the time of the wreck and that the vehicle that he...

In the Matter of G.C.
230 N.C. App. 511 (2013)

The trial court erred by denying the juvenile’s release pending appeal without providing written “compelling reasons,” as required by G.S. 7B-2605.  Here, the notation “N/A” was written in the applicable space on the Appellate...

In the Matter of K.C.
226 N.C. App. 452 (2013)

The court vacated the adjudication for sexual battery for insufficient evidence. At adjudication, a female classmate of the male juvenile testified that the juvenile “grabbed and squeezed her butt” in class when she went to shelve a book. The juvenile testified that...

In the Matter of K.C.
226 N.C. App. 452 (2013)

The juvenile was adjudicated delinquent on two petitions alleging simple assault and sexual battery. The court concluded that the adjudication order for simple assault contained sufficient findings when it included the date of the offense, the fact that the assault...

In the Matter of K.C.
226 N.C. App. 452 (2013)

The court exercised its authority to suspend the appellate rules, under Rule 2, to review the juvenile’s adjudications of sexual battery and simple assault because the juvenile did not move to dismiss at the close of all the evidence. Because the court concluded that...

In the Matter of A.N.C., Jr
225 N.C. App. 315 (2013)

A 13-year-old juvenile who made an incriminating statement to an officer during roadside questioning at the scene of an automobile accident was not in custody. An officer saw the juvenile and two others leaving the scene of an accident involving a car that crashed...

In the Matter of V.C.R.
227 N.C. App. 80 (2013)

Although an officer had reasonable suspicion to stop a juvenile, the officer’s subsequent conduct of ordering the juvenile to empty her pockets constituted a search and this search was illegal because it was without probable cause, was not incident to an arrest, nor was it consensual. The...

In the Matter of D.A.C.
225 N.C. App. 547 (2013)

A 14-year-old juvenile was not “in custody” when officers questioned him in his backyard with his parents nearby inside the house. Law enforcement officers saw the juvenile standing across the street from a home into which shots had been fired. When asked, the...

In the Matter of J.L.H.
230 N.C. App. 214 (2013)

The trial court erred by denying the juvenile’s motion for release from his YDC commitment. Following adjudications of delinquency for possession of a firearm by a minor and carrying a concealed weapon, the trial court committed the juvenile to a youth development...

In the Matter of V.C.R.
227 N.C. App. 80 (2013)

The court held that both seizures of the juvenile were supported by reasonable suspicion. A Raleigh police officer was patrolling a residential community at night when he spotted a group of juveniles walking down the sidewalk. One of them, V.C.R., was smoking a...

In the Matter of G.C.
230 N.C. App. 511 (2013)

The trial court did not err by entering a disposition order without making written findings demonstrating that it considered the factors listed in G.S. 7B-2501(c). Although the initial disposition order did not contain any such findings, the Chief District Court Judge...

In the Matter of K.C.
226 N.C. App. 452 (2013)

The court remanded the disposition order in a simple assault case for additional findings of fact, holding that the trial court’s findings were insufficient to show that it considered all of the factors listed in G.S. 7B-2501(c). The court said, assuming arguendo,...

In the Matter of K.C.
226 N.C. App. 452 (2013)

The court upheld the juvenile’s adjudication for simple assault. At adjudication, a female classmate of the male juvenile testified that the juvenile “grabbed and squeezed her butt” in class when she went to shelve a book. The juvenile testified that he accidentally...

Miller v. Alabama
567 U.S. 460 (2012)

The court held that mandatory life imprisonment without parole for those under the age of 18 at the time of their offenses violates the Eighth Amendment’s prohibition against cruel and unusual punishment. The Eighth Amendment’s prohibition against cruel and unusual punishment “flows from the...

State v. Williams
220 N.C. App. 130 (2012)

In a first-degree murder case, the defendant was not entitled to a hearing regarding the admissibility of his juvenile records under G.S. 7B-3000(f) before the State could cross-examine a witness about whether she knew of the defendant’s prior juvenile adjudications....

In the Matter of T.H.
218 N.C. App. 123 (2012)

There was sufficient evidence of common law robbery and simple assault under the principle of “acting in concert” where State’s evidence showed the victim was robbed of his iPod by a group of boys after school, the...

In the Matter of A.M.
220 N.C. App. 136 (2012)

The trial court erred in not ruling on the juvenile’s motion for disclosure of witnesses and not granting a continuance or otherwise remedying the problem created by the State’s failure to comply with G.S. 7B-2300(b). Before the adjudication hearing, the juvenile...

In the Matter of T.H
218 N.C. App. 123 (2012)

The Court of Appeals rejected the juvenile’s argument that G.S. 7B-1702 should be strictly construed to require, in every case, that the court counselor interview the juvenile and the alleged victim unless it is impossible to do so. The juvenile was adjudicated...

In the Matter of N.J.
221 N.C. App. 427 (2012)

The trial court erred by failing to make written or oral findings of fact or conclusions of law and failed to state a rationale before denying the juvenile’s suppression motion. The evidence showed that officers approached and questioned several teenagers at a housing...

In the Matter of T.A.S.
366 N.C. 269 (2012)

The NC Supreme Court vacated the decision of the Court of Appeals which held that the trial court erred when it denied the juvenile’s motion to suppress and remanded for additional findings of fact by the trial court. In July 2011, the Court of Appeals reversed the...

In the Matter of T.H.
218 N.C. App. 123 (2012)

There was sufficient evidence of common law robbery and simple assault under the principle of “acting in concert” where State’s evidence showed the victim was robbed of his iPod by a group of boys after school, the...

In the Matter of P.K.M.
219 N.C. App. 543 (2012)

In a delinquency case, the State may appeal an order suppressing evidence only if the order terminates the prosecution. Police received word that 12-year-old juvenile was among a group of juveniles who vandalized a vacant building. At school, the juvenile was taken...

State v. Yancey
221 N.C. App. 397 (2012)

The trial court did not err by denying the 17-year-old juvenile defendant’s motion to suppress his statement. Two plain-clothes detectives driving an unmarked car picked defendant up from his home and drove him 2 miles away where they questioned him about recent...

In the Matter of T.H.
218 N.C. App. 123 (2012)

There was no due process violation where a delay of less than one-year in production of the transcript was not presumptively prejudicial. The delay in the production of a trial transcript can result a violation of a...

In the Matter of T.W.
221 N.C. App. 193 (2012)

The trial court erred by denying the juvenile’s motion to dismiss the petition for second degree sex offense under G.S. 14-27.5 because the State failed to prove the element of force. The juvenile instigated and engaged in various sexual activities with other boys...

State v. Yancey
221 N.C. App. 397 (2012)

The trial court did not err by denying the 17-year-old juvenile defendant’s motion to suppress evidence obtained from a search of his backpack based on consent. An officer saw defendant sitting on a sidewalk, around 8:00 a.m., and asked for his name and whether he...

In the Matter of N.J.
221 N.C. App. 427 (2012)

The trial court erred by failing to inform the juvenile of the most restrictive disposition on the charge before accepting his admission to possession of a controlled substance with intent to manufacture, sell, or...

State v. Williams
209 N.C. App. 441 (2011).

The trial court did not err by denying the 17-year-old juvenile defendant’s motion to suppress his statement because he voluntarily and knowingly waived his right to have a parent present during questioning about a robbery and murder when he stated that he only...

In the Matter of V.M.
211 N.C. App. 389 (2011)

The Court of Appeals reversed and remanded for a new disposition hearing because the trial court simply checked pre-printed boxes on the disposition order but entered no additional findings to demonstrate that it...

In the Matter of C.L.
217 N.C. App. 109 (2011)

The trial court did not err in accepting the juvenile’s Alford admission where the court adequately advised the juvenile of the...

In the Matter of A.W.
209 N.C. App. 596 (2011)

The court vacated an adjudication of delinquency for indecent liberties between children where the trial court prevented defense counsel from making a closing argument. The appellate court recognized that the right to...

In the Matter of N.T.
214 N.C. App. 136 (2011)

The trial court erred by denying the juvenile’s motion to dismiss the charge of assault by pointing a gun because an airsoft gun was not a “gun” within the meaning of G.S. 14-34...

In the Matter of A.J. M.-B.
212 N.C. App. 586 (2011)

The “dismissal” of the case at disposition does not result in a dismissal of the underlying adjudication. After an adjudication of delinquency for resisting an officer, the juvenile was in court for disposition on that charge and for a hearing on a motion to revoke...

In the Matter of A.W.
209 N.C. App. 596 (2011)

A one-week difference between the date of offense alleged in the petition for indecent liberties between children and the date shown by the evidence did not require a dismissal where the variance was slight and did not...

In the Matter of C.L.
17 N.C. App. 109 (2011)

The trial court did not err in denying the juvenile’s motion for a continuance. The disposition was as the parties had agreed and there was no indication that the juvenile would have additional evidence to present at a later time. G.S. 7B-2406 permits the trial court, upon a showing of good...

In the Matter of J.J., Jr.
216 N.C. App. 366 (2011)

The trial court did not err when it announced its adjudication and disposition decisions immediately following the transfer hearing and its decision not to transfer. The trial court, after a two-day hearing, found probable cause for attempted first-degree sex offense. At a later date the court...

In the Matter of A.J. M.-B.
212 N.C. App. 586 (2011)

The court affirmed the order revoking the juvenile’s post-release supervision. Although the juvenile’s new adjudication for resisting an officer was reversed because an anonymous tip alone was insufficient to justify the investigatory stop, the revocation was based on...

In the Matter of J.S.W.
211 N.C. App. 620 (2011)

The Court of Appeals rejected the juvenile’s argument that after commitment, all decisions about services, privileges, or punishments are to be made by the Division of Juvenile Justice, not the trial court. Following his admission to first-degree rape, the juvenile...

State v. Williams
209 N.C. App. 441 (2011)

The trial court did not err by denying the 17-year-old juvenile defendant’s motion to suppress his statement because he voluntarily and knowingly waived his right to have a parent present during questioning about a...

In the Matter of J.J., Jr.
216 N.C. App. 366 (2011)

Although the court did not follow the statutory procedure for conducting a disposition hearing, it complied in substance if not in form, and the juvenile failed to show how the disposition might have been different if the court had followed the correct procedure. Immediately after the juvenile’s...

In the Matter of D.B.
214 N.C. App. 489 (2011)

The petition alleging larceny from the “Crossings Golf Club” should have been dismissed for lack of subject matter jurisdiction because it did not allege that the club was a corporation or other legal entity capable of owning property.

In the Matter of J.V.J.
209 N.C. App. 737 (2011)

The Court of Appeals granted the juvenile’s petition for writ of certiorari to review the juvenile’s adjudication of delinquency for assault on a government officer. After entering the adjudication order, the trial...

In the Matter of A.J. M.-B.
212 N.C. App. 586 (2011)

The trial court erred by denying the juvenile’s motion to dismiss the petition alleging resisting an officer. The anonymous tip that led to the investigatory stop of the juvenile was not sufficient to support a reasonable suspicion to justify the stop. The anonymous...

In the Matter of J.J., Jr.
216 N.C. App. 366 (2011)

The court’s failure to make written findings to support its oral denial of the juvenile’s release pending appeal required remand. Although the issue may have become moot due to the passage of time, the court noted that it must vacate the order and remand for the trial...

In the Matter of D.B.
214 N.C. App. 489 (2011)

The juvenile was adjudicated delinquent on three charges: (i) felony breaking and entering; (ii) felony larceny pursuant to breaking and entering; and (iii) misdemeanor possession of stolen property. Because the trial court’s order incorrectly stated that the juvenile...

In the Matter of A.J. M.-B.
212 N.C. App. 586 (2011)

The trial court’s “dismissal” of the case at disposition did not result in a dismissal of the underlying adjudication. After an adjudication of delinquency for resisting an officer, the juvenile was in court for disposition on that charge and for a hearing on a motion...

In the Matter of J.R.V.
212 N.C. App. 205 (2011)

Before a juvenile respondent testifies in his or her own delinquency case, the court must inform the juvenile of the privilege against self-incrimination and determine that the juvenile understands the privilege. In this case, the juvenile was alleged to be delinquent for committing misdemeanor...

In the Matter of A.J. M.-B.
212 N.C. App. 586 (2011)

The trial court’s “dismissal” of the case at disposition did not result in a dismissal of the underlying adjudication. After an adjudication of delinquency for resisting an officer, the juvenile was in court for disposition on that charge and for a hearing on a motion...

State v. Williams
209 N.C. App. 441 (2011)

The trial court did not err by denying the 17-year-old juvenile defendant’s motion to suppress his confession based on an alleged violation of his Sixth Amendment right to counsel because the Sixth Amendment right to...

In the Matter of K.L.D.
210 N.C. App. 747, (2011)

The trial court did not abuse its discretion by entering a Level 2 disposition because it was within the range of statutorily permitted dispositions. The juvenile was adjudicated delinquent for simple assault and...

In the Matter of D.A.Q.
214 N.C. App. 535 (2011)

The trial court’s restitution order was reversed and remanded because the court failed to make findings regarding whether restitution was in juvenile’s best interests and whether restitution was fair to the juvenile. The juvenile was adjudicated delinquent after...

In the Matter of J.S.W.
211 N.C. App. 620 (2011)

The Court of Appeals rejected the juvenile’s argument that the trial court abused its discretion in entering a disposition order by improperly considering punishment as a purpose of the Juvenile Code, instead of considering the factors in G.S. 7B-2501(c). At a motion...

In the Matter of D.B.
214 N.C. App. 489 (2011)

Evidence of the stolen credit card seized from the juvenile should have been excluded because the search pursuant to which the officer found it exceeded the permissible scope of a Terry frisk and was...

In the Matter of J.J., Jr.
216 N.C. App. 366 (2011)

The failure of the adjudication order to state findings that were made “beyond a reasonable doubt,” although stated in open court, required remand. The court noted that the “Juvenile Adjudication Order” entered by the trial court contained a blank space for the court to state its...

In the Matter of J.R.V.
212 N.C. App. 205 (2011)

The juvenile’s brief cited no authority to support his argument that the trial court, in a bench trial, must state aloud the standard of proof for ruling on a motion to dismiss. Therefore, the argument was abandoned...

In the Matter of A.W.
209 N.C. App. 596 (2011)

Although the juvenile’s attorney did not move to dismiss the petitions alleging indecent liberties between children and second degree sex offense at the close of the evidence, the court exercised its authority under...

In the Matter of J.V.J.
209 N.C. App. 737 (2011)

The Court of Appeals reversed and remanded the juvenile’s adjudication for assault on a government officer because the trial court failed to make the statutorily mandated findings in its adjudicatory order, which did...

In the Matter of A.W.
209 N.C. App. 596 (2011)

There was sufficient evidence to support an adjudication of delinquency for indecent liberties between children committed by a 13-year-old juvenile against a 3-year-old victim where the juvenile told the victim his...

In the Matter of A.W.
209 N.C. App. 596 (2011)

The court vacated an adjudication of delinquency for second-degree sex offense where the petition alleged the 3-year old victim was mentally disabled, mentally incapacitated, or physically helpless because there was no...

J. D. B. v. North Carolina
131 S. Ct. 2394 (2011)

Age should have been considered a relevant factor in determining whether a 13-year-old student who was questioned at school was in custody. The juvenile was adjudicated delinquent for felonious breaking and...

In the Matter of A.J. M.-B.
212 N.C. App. 586 (2011)

An anonymous tip - that two juveniles were walking with a gun - did not provide reasonable suspicion for an investigatory stop where no evidence corroborated the tipster’s knowledge of concealed criminal activity....

In the Matter of J.J., Jr.
216 N.C. App. 366 (2011)

The trial court erred by failing to include findings in the disposition order that demonstrated the court considered the factors set out in G.S. 7B-2501(c). The disposition order was vacated and remanded for the...

In the Matter of J.C.
205 N.C. App. 301 (2010)

The evidence was sufficient to support the court’s adjudication of a juvenile as delinquent for possession of a weapon on school grounds in violation of G.S. 14-269.2(d) where evidence showed that, while on school...

In the Matter of D.S.
364 N.C. 184 (2010)

The NC Supreme Court held that the statutory time limits in G.S. 7B-1703 for the filing of juvenile petitions are not jurisdictional. On 9/25/07 the court counselor received a complaint about an incident that occurred at school, involving the juvenile’s touching a female student with an object...

In the Matter of D.S.
364 N.C. 184 (2010)

The NC Supreme Court held that the statutory time limits in G.S. 7B-1703 for the filing of juvenile petitions are not jurisdictional. On 9/25/07 the court counselor received a complaint about an incident that...

Graham v. Florida
560 U.S. 48 (2010)

The court held that the Eighth Amendment prohibits life imprisonment without parole for a juvenile offender who commits a non-homicide offense. The Eighth Amendment’s prohibition against cruel and unusual punishment is based on the principle that “punishment for crime should be graduated and...

In the Matter of D.L.D.
203 N.C. App. 434 (2010)

The trial court properly denied the juvenile’s motion to dismiss a petition charging him with possession with intent to sell or deliver marijuana where the evidence showed that upon seeing an officer and a school...

In the Matter of D.L.H.
198 N.C. App. 286 (2009), rev’d on other grounds, 364 N.C. 214 (2010)

After the juvenile admitted the alleged violations of probation, the trial court had authority under G.S. 7B-1903(c) to order the juvenile to be in detention pending the disposition, because the juvenile had been adjudicated delinquent, the juvenile admitted probation...

In the Matter of L.I.
205 N.C. App. 155 (2010)

The “totality of the circumstances” test is used to determine whether a juvenile’s statement is voluntary. “A statement is involuntary or coerced if it is the result of government tactics so oppressive that the will of...

In the Matter of L.I.
205 N.C. App. 155 (2010)

Although the juvenile’s statement that she possessed marijuana was the result of improper interrogation and should have been suppressed, the juvenile did not argue that she was subjected to coercion, and therefore, the trial court properly admitted as evidence the...

State v. Haas
202 N.C. App. 345 (2010)

The transcript of the defendant’s prior testimony in a juvenile hearing was admissible, even if the audio recording was available. Parents testified in a juvenile proceeding in which their child was alleged to be an abused juvenile, and the testimony was recorded and...

In the Matter of K.D.L.
207 N.C. App. 453(2010)

Statements of a 12-year-old juvenile made in response to questioning by the school principal resulted from “custodial interrogation,” where a school resource officer (SRO) frisked the juvenile, transported him to the...

In the Matter of D.L.D.
203 N.C. App. 434 (2010)

A juvenile’s statement to an officer during a search at school that “the money was not from selling drugs” was admissible because it was unsolicited and spontaneous and not the result of interrogation by the school resource officer.

In the Matter of L.I
205 N.C. App. 155 (2010)

A juvenile’s statements were the result of “custodial interrogation” and should have been suppressed, where she was handcuffed and placed in a patrol car and the officer’s statement that taking drugs into the jail would be another charge was made for the purpose of...

In the Matter of D.L.D.
203 N.C. App. 434 (2010)

The trial court did not err in admitting the school resource officer’s (SRO’s) testimony about the identification of the marijuana, its approximate street value, and the common practice of drug dealers to possess both cash and drugs because it was based on personal experience and was helpful...

In the Matter of J.C.
205 N.C. App. 301 (2010)

A juvenile petition sufficiently alleged that the juvenile was delinquent for possession of a weapon on school grounds in violation of G.S. 14-269.2(d) where it alleged the juvenile possessed an “other weapon” specified as a “steel link from chain.” The court stated that “the item . . . is...

In the Matter of R.N.
206 N.C. App. 537 (2010)

The trial court erred by denying the juvenile’s motion to dismiss allegations of crime against nature based on evidence that the 12-year-old juvenile “licked” the genitals of his 7-year old cousin while she was fully...

In the Matter of L.I.
205 N.C. App. 155 (2010)

A juvenile’s statement that she had drugs in her coat pocket after she was placed in “investigative detention” should have been suppressed because she was “in custody” where she had been handcuffed and placed in the...

In the Matter of D.L.D.
203 N.C. App. 434 (2010)

In reviewing whether the trial court committed plain error by admitting an officer’s testimony about the identification of marijuana and its street value, the Court of Appeals reiterated that the first step in the...

In the Matter of K.D.L.
207 N.C. App. 453 (2010)

The trial court erred by denying a 12-year-old juvenile’s motion to suppress when the juvenile’s confession was made in the course of custodial interrogation but without the warnings required by Miranda and G.S. 7B-2101(a), and without being apprised of and afforded...

In the Matter of D.L.D.
203 N.C. App. 434 (2010)

The search of a student by an outside LEO was reasonable under New Jersey v. T.L.O. where the LEO and the Principal witnessed suspicious activity on a school surveillance camera and investigated the incident together in...

In the Matter of J.A.G.
206 N.C. App. 318 (2010)

The trial court dismissed a petition alleging that the juvenile was delinquent because it was filed more than 15 days after the court counselor received the complaint. At the request of the court counselor law enforcement filed a second complaint based on the same...

In the Matter of D.L.H.
364 N.C. 214 (2010)

The court reversed the decision of the Court of Appeals which held that juveniles are entitled to credit for time spent in secure custody prior to disposition under G.S. 15-196.1. Pursuant to G.S. 7B-1903(c), the...

In the Matter of S.B.
207 N.C. App. 741 (2010)

The trial court erred by imposing a Level 3 disposition upon finding that the juvenile violated the conditions of her probation because G.S. 7B-2510(f) precludes a Level 3 disposition of commitment when the juvenile is...

In the Matter of J.A.G.
206 N.C. App. 318 (2010)

The trial court erred by accepting the juvenile’s admission because it did not comply with G.S. 7B-2407(a). Of the six mandatory requirements in that subsection for accepting a juvenile’s admission, the trial court omitted three, in that the court did not inform the...

In the Matter of R.N.
206 N.C. App. 537 (2010)

In a crime against nature case, the court held that it was the juvenile-appellant’s responsibility to ensure that any error in the transcript due to recording problems was addressed at the trial court level. With...

State v. Rivens
198 N.C. App. 130 (2009)

The trial court did not err in failing to dismiss the aggravating factor in G.S. 15A-1340.16(d)(18a) where the State could only provide proof of the defendant’s Transcript of Admission, and not the Juvenile Adjudication...

In the Matter of D.L.H.
198 N.C. App. 286 (2009), rev’d on other grounds, 364 N.C. 214 (2010)

The trial court was authorized to impose up to 28 days of intermittent confinement in a juvenile detention facility for a Level 2 disposition because G.S. 7B-2510(e) allows the court to impose up to twice the amount of...

In the Matter of D.K.
200 N.C. App. 785 (2009)

The trial court did not err by denying the juvenile’s motion to dismiss a larceny petition where the evidence tended to show that a teacher saw the property (her visor) in the juvenile’s possession when he left the...

In the Matter of S.M.S.
196 N.C. App. 170 (2009)

The trial court properly denied the juvenile’s motion to dismiss the petition for second degree trespass where the evidence showed that he entered the girl’s locker room at school, that he knew that it was the girl’s...

In the Matter of W.R.
363 N.C. 244 (2009)

Under plain error review, the record was insufficient to conclude that the presence of an SRO, at the request of school administrators conducting the investigation, rendered the questioning of the 14-year-old juvenile by school officials a “custodial interrogation,”...

In the Matter of D.S.
197 N.C. App. 598 (2009), reversed on other grounds by, 364 N.C. 184 (2010)

The Court of Appeals rejected the juvenile’s argument that there was a fatal variance between the simple assault petition and the evidence because the petition alleged that he touched the victim with his hands, while the evidence showed only that he touched her with...

In the Matter of J.L.
199 N.C. App. 605 (2009)

The trial court abused its discretion in denying the juvenile’s motion to continue and denying the juvenile the right to examine his DSS and mental health records, which the court deemed irrelevant after reviewing them...

In the Matter of D.K.
200 N.C. App. 785 (2009)

The trial court committed reversible error by stating ambiguously which standard of proof it applied, referring in its order both to facts proven beyond a reasonable doubt and to the state’s having shown by clear and convincing evidence that the juvenile committed the...

In the Matter of D.L.H.
198 N.C. App. 286 (2009)

Although issues raised by the juvenile regarding the denial of her motion for release from custody were moot because the juvenile’s probation had expired, dismissal of the appeal was not required because the issues were “capable of repetition, yet evading review.” For...

In the Matter of D.K.L.
201 N.C. App. 443 (2009)

The court dismissed the juvenile’s appeal for lack of jurisdiction because the juvenile gave oral notice of appeal at the disposition hearing but before the entry of the “final order,” and thus, the notice of appeal was...

In the Matter of M.L.T.H.
200 N.C. App. 476 (2009)

The court held that the 15-year-old juvenile’s Miranda waiver was not made “knowingly, willingly, and understandingly” where he was advised incorrectly as to his right to have a person who was not his parent, guardian,...

In the Matter of M.L.T.H.
200 N.C. App. 476 (2009)

The Court of Appeals first held that it did not have jurisdiction to hear the appeal because the juvenile’s notice of appeal was not timely. The juvenile appealed the adjudication order and an order denying his motion to suppress, which are not appealable final orders...

In the Matter of M.S.
99 N.C. App. 260 (2009)

The court held that juvenile petitions alleging first-degree sexual offense were fatally defective because they failed to allege the names of the child victims as required by G.S. 15-144.2(b).

In the Matter of M.L.T.H.
200 N.C. App. 476 (2009)

The Court of Appeals first held that it did not have jurisdiction to hear the appeal because the juvenile’s notice of appeal was not timely. The juvenile appealed the adjudication order and an order denying his motion to suppress, which are not appealable final orders...

In the Matter of D.M.B.
196 N.C. App. 775 (2009)

The court reversed the trial court’s order of restitution. A requirement that a juvenile make restitution as a condition of probation must be supported by the record and appropriate findings of fact which demonstrate...

In the Matter of D.M.B.
196 N.C. App. 775 (2009)

The court rejected the juvenile’s argument that the trial court made improper remarks and was not fair and impartial. Although the judge expressed a desire to impose a harsher disposition than allowed by law, such...

In the Matter of W.R.
363 N.C. 244 (2009)

Under plain error review, the record was insufficient to conclude that the presence of an SRO, at the request of school administrators conducting the investigation, rendered the questioning of the 14-year-old juvenile by school officials a “custodial interrogation,”...

In the Matter of D.M.B.
196 N.C. App. 775 (2009)

In an assault causing serious bodily injury case, the court held that the juvenile had not preserved for appellate review his argument that the evidence was insufficient to establish serious bodily injury, because the juvenile did not move to dismiss at the end of the...

In the Matter of D.L.H.
198 N.C. App. 286 (2009), rev’d on other grounds, 364 N.C. 214 (2010)

The trial court erred in refusing to consider the juvenile’s motion for release from secure custody and by failing to entertain the juvenile’s motion for a custody review hearing on the ground that the judge did not...

In the Matter of M.L.T.H.
200 N.C. App. 476 (2009)

In the juvenile’s appeal from the denial of his motion to suppress his confession, the State could not argue on appeal that the juvenile was not “in custody” when that was not argued in the trial court and where...

In the Matter of D.L.H.
98 N.C. App. 286 (2009), rev’d on other grounds, 364 N.C. 214 (2010)

The trial court made sufficient findings of fact to support the extension of the juvenile’s probation where the court found that the juvenile was repeatedly absent from school, ignores curfews, her mother wanted an out-...

In the Matter of D.R.H.
194 N.C. App.166 (2008)

Although a worksheet alone is not sufficient proof of a juvenile’s delinquency history, the Court of Appeals concluded that the juvenile stipulated to the history information in the court counselor’s report when the juvenile’s attorney received and reviewed the report...

In the Matter of E.S.
191 N.C. App. 568 (2008)

The superior court erred in its order reversing the district court’s transfer decision because it engaged in a de novo review of the evidence presented at the transfer hearing when, pursuant to G.S. 7B-2603, it was...

In the Matter of S.D.R.
191 N.C. App. 552 (2008)

The trial court properly denied the juvenile’s motion to dismiss a larceny petition where the evidence showed that the juvenile entered an office in the public building where he was completing community service, without...

In the Matter of D.C.,
191 N.C. App. 246 (2008)

The trial court erred by accepting the juvenile’s admission to felonious larceny and attempted felonious larceny of a vehicle valued at more than $1,000 because the prosecutor’s statement of the facts did not contain...

In the Matter of A.V.
188 N.C. App. 317 (2008)

Counsel’s failure to renew a motion to dismiss at the close of all the evidence did not constitute ineffective assistance of counsel because substantial evidence supported the allegations in the petition that the juvenile assaulted a government employee in violation...

In the Matter of Z.A.K.
189 N.C. App. 354 (2008)

The trial court did not err by denying the juvenile’s motion to dismiss the manslaughter petition for insufficient evidence. The juvenile argued the state failed to establish proximate cause...

In the Matter of J.J.D.L.
189 N.C. App. 777 (2008)

A 14-year old juvenile’s statements to an officer admitting to first degree sex offense allegations were admissible as an admission by a party-opponent under G.S. 8C-1, Rule 801(d). The juvenile was adjudicated...

In the Matter of D.G.
191 N.C. App. 752 (2008)

The trial court did not err by modifying the disposition from residential treatment to commitment to a youth development center after finding that funding for residential treatment was no longer available. The juvenile was adjudicated delinquent after admitting a...

In the Matter of D.M.
192 N.C. App. 729 (2008)

The trial court’s findings were sufficient to support revocation of the juvenile’s post-release supervision where the court found that the juvenile had violated the terms of post-release supervision by failing to comply with the rules and regulations of the group home...

In the Matter of S.D.R.
191 N.C. App. 552 (2008)

The trial court properly denied the juvenile’s motion to dismiss a felonious breaking and entering petition where the evidence showed that the juvenile entered an office in the public building where he was completing...

In the Matter of S.S.
193 N.C. App. 239 (2008)

Delaying the disposition for more than six months after adjudication, so the juvenile could comply with an agreement to testify truthfully in a co-offender’s trial, did not deprive the court of subject matter jurisdiction under G.S....

In the Matter of Z.A.K.
189 N.C. App. 354 (2008)

The trial court did not err by denying the juvenile’s motion to suppress his statements to police. The juvenile’s father took him to the police station for an interview, where he was not handcuffed but was escorted at all times and was not told that he was free to leave or...

In the Matter of A.V.
188 N.C. App. 317 (2008)

The Court of Appeals did not review any of the juvenile’s claims relating to the disposition order because the notice of appeal designated error only in the adjudication order and not in the disposition order, and the...

In the Matter of S.D.R.
91 N.C. App. 552 (2008)

The trial court properly denied the juvenile’s motion to dismiss a petition charging him with resisting a public officer, under G.S. 14-223, where the evidence showed an officer was investigating an alleged larceny of missing cash, the officer was on duty and in...

In the Matter of D.R.H.
194 N.C. App.166 (2008)

The trial court erred when it entered two disposition orders for two adjudications of delinquency which occurred on the same day. G.S. 7B-2508(h) requires that offenses adjudicated in the same session of court be...

In the Matter of J.J.D.L.
189 N.C. App. 777 (2008)

The juvenile was adjudicated delinquent for first degree sex offenses with a child, for offenses that occurred when the juvenile was 14 and the child was 7. On the appellate entries form, the court stated as a compelling reason for not releasing the juvenile pending...

In the Matter of S.M.
190 N.C. App. 579 (2008)

The trial court erred by denying the juvenile’s motion to dismiss the charge of disorderly conduct in a school, under G.S. 14-288.4(a)(6), where the evidence...

In the Matter of Z.A.K.
189 N.C. App. 354 (2008)

The Court of Appeals rejected the juvenile’s argument that the trial court failed to exercise dispositional discretion. Although the trial judge noted a general policy preference in ordering Level 2 dispositions for juveniles who commit felonies, the record reveals...

In the Matter of Z.A.K.
189 N.C. App. 354 (2008)

The probation condition that the juvenile pay restitution was not supported by evidence and a finding that requiring the juvenile to pay restitution was in his best interest. The court reversed the restitution order and remanded for findings related to best interest...

In the Matter of S.M.
190 N.C. App. 579 (2008)

Although respondent did not formally renew her motion to dismiss at the close of all of the evidence, her lawyer’s vigorous argument that the evidence was insufficient to support the charge was sufficient to preserve respondent’s right to appeal.

In the Matter of J.J.D.L.
189 N.C. App. 777 (2008)

In a first degree sex offense case, the court held the juvenile had not preserved for appeal his argument that the trial court erred by proceeding to disposition without a sex offender specific evaluation, because he had made no objection at the trial level. The court...

In the Matter of R.D.L.
191 N.C. App. 526 (2008)

The trial court erred in denying the juvenile’s motion to dismiss seven of the nine petitions charging the juvenile with damaging personal and real property of several different individuals and businesses where the...

In the Matter of A.W.
182 N.C. App. 159 (2007)

The trial court committed reversible error by accepting the juvenile’s admission where the court omitted two of the six mandatory inquiries in G.S. 7B-2407(a). The fact that the juvenile signed a transcript of admission...

State v. Oglesby
361 N.C. 550 (2007)

The trial court properly denied the 16-year-old defendant’s motion to suppress his statement, even though he requested to telephone his aunt before making the statement, because an aunt was not “a parent, guardian, or...

In the Matter of C.B.
187 N.C. App. 803 (2007)

There was substantial evidence to support a reasonable inference that the juvenile was the perpetrator of an assault inflicting serious injury where the evidence showed the juvenile had attempted to engage the victim in...

In the Matter of B.N.S.
182 N.C. App. 155 (2007)

The trial court properly denied the juvenile’s motion to dismiss a petition charging him with possession of a weapon on school property where evidence showed the juvenile possessed a closed pocketknife at school. The...

In the Matter of D.A.S.
183 N.C. App. 107 (2007)

The trial court did not commit prejudicial error during the disposition hearing when it asked the prosecutor to clarify the court counselor’s testimony regarding his recommendations for the juvenile’s disposition. Under G.S. 8C-1, Rule 614(b), the trial court may...

In the Matter of D.A.S.
183 N.C. App. 107 (2007)

Where the juvenile moved to continue disposition to obtain a 4-year old psychological evaluation, the trial court did not abuse its discretion by denying the motion because the documentation was cumulative and the...

In the Matter of C.B.
187 N.C. App. 803 (2007)

The trial court erred when it did not unequivocally state the standard of proof used in its adjudication order. The order adjudicating the juvenile delinquent for assault inflicting serious injury recited that...

In the Matter of R.L.C.
361 N.C. 287 (2007)

(1) Consensual oral sex between the 14-year-old juvenile and his 12-year-old girlfriend violated the crime against nature statute and...

In the Matter of B.E.
186 N.C. App. 656 (2007)

The trial court erred by making conflicting statements regarding which standard of proof it applied to the adjudication of delinquency. The adjudication order “found beyond a reasonable doubt” that the juvenile “...

In the Matter of B.D.N.
186 N.C. App. 108 (2007)

A juvenile petition alleging the juvenile made a false bomb threat at school was not fatally deficient because it alleged a violation of the more general statute, G.S. 14-69.1(a), which applies to “any” building, as...

In the Matter of D.A.S.
183 N.C. App. 107 (2007)

Where the juvenile was adjudicated delinquent for assault on a government employee, a Class A1 misdemeanor, the trial court did not abuse its discretion by entering a Level 3 disposition order and committing the juvenile to a youth development center. An adjudication...

In the Matter of B.D.N.
186 N.C. App. 108 (2007)

The trial court properly denied the juvenile’s motion to dismiss the petition charging her with making a false bomb threat under G.S. 14-69.1 where the evidence showed the juvenile was the last student to use a calculator prior to a “Bomb at Lunch”...

In the Matter of D.J.M.
181 N.C. App. 126 (2007)

The trial court did not err by not making the mandatory inquiries in G.S. 7B-2407 when accepting the juvenile’s admission that the juvenile violated the conditions of court supervision because the procedural...

In the Matter of D.A.S.
183 N.C. App. 107 (2007)

The court dismissed the juvenile’s argument that the trial court erred when it entered its findings of fact because the juvenile’s brief failed to cite any authority to support this argument. The assertion in the juvenile’s brief that the juvenile “adopted and...

In the Matter of B.E.
186 N.C. App. 656 (2007)

The trial court properly denied the juvenile’s motion to dismiss the charge of indecent liberties between children because the uncorroborated testimony of the 7-year-old victim that the 15-year-old juvenile masturbated...

State v. Oglesby
361 N.C. 550 (2007)

The trial court properly denied the 16-year-old defendant’s motion to suppress his statement, even though he requested to telephone his aunt before making the statement, because an aunt was not “a parent, guardian, or...

In the Matter of V.A.L.
87 N.C. App. 302 (2007)

Where the trial court ordered as a condition of probation that the juvenile was to cooperate with an out of home placement without designating the placement, there was no improper delegation because the trial court made...

In the Matter of D.S.B.
179 N.C. App. 577 (2006)

Citing In re Bullabough, 89 N.C. App. 171, 179 (1988), the court reiterated that delinquency proceedings under the Juvenile Code are governed by the Rules of Civil Procedure. As in a civil case, a juvenile may submit to...

In the Matter of M.G.
156 N.C. App. 414 (2003)

The trial court properly denied the juvenile’s motion to dismiss a petition for disorderly conduct in a school where the evidence showed that a teacher heard the juvenile yell “shut the f__k up” to a group of students in the hallway, requiring the teacher to leave his assigned position on lunch...

In the Matter of Hodge
153 N.C. App. 102 (2002)

The presence of the juvenile and his parents at the hearing, as well as the juvenile’s denial of the allegations in the petition and his participation in the hearing without objection constituted a general appearance for purposes of waiving any defect in service.

In the Matter of Hodge
153 N.C. App. 102 (2002)

The juvenile was not in custody when a detective spoke with him and his mother in their living room about his younger brother’s allegation of sexual abuse because no proceedings had been initiated, the purpose of the interview was to investigate the allegation, and the detective informed the...

In the Matter of Pineault
152 N.C. App. 196 (2002)

The trial court properly denied the juvenile’s motion to dismiss a petition for disorderly conduct in a school where the evidence showed that the juvenile yelled “f__ you” in a loud, angry voice, requiring the teacher to stop class for several minutes in order to escort the juvenile to the...

In the Matter of Eller
331 N.C. 714 (1992)

The trial court erred by denying the juveniles’ motion to dismiss petitions charging them with disorderly conduct in a school where evidence that one student lunged at another with a nail and that both banged on a radiator causing a rattling noise, which prompted other students to look, was not...

In the Matter of Grubb
103 N.C. App. 452 (1991)

The trial court erred by denying juvenile’s motion to dismiss the petition for disorderly conduct in a school where evidence that the juvenile was talking during class in a loud and disruptive voice and stopped talking after the teacher asked her a second time to stop was insufficient to...