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

Vacated and Remanded

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 Rule 2 to review the juvenile’s arguments regarding the insufficiency of the evidence. Rule 2 permits an appellate court to “suspend or vary the requirements or provisions” of the appellate rules to prevent “manifest injustice.” The Court of Appeals noted that our appellate courts have regularly invoked Rule 2 to address challenges to the sufficiency of the evidence to support a conviction in criminal cases.

Sufficiency of the Evidence; Preservation
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