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

Held: 
Remanded

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 the facts were found “beyond a reasonable doubt.” The part of the order specifically finding that the juvenile committed an assault inflicting serious injury, however, stated that the court made the finding by “clear, cogent and convincing evidence.” The Court of Appeals remanded for clarification of the standard of proof.

Category:
Adjudication
Stage:
Adjudication Order
Topic:
Burden of Proof
Tags:
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Error | UNC School of Government

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