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

Held: 
Affirmed

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 cause, to continue a hearing “to receive additional evidence, reports, or assessments that the court has requested” or other information related to the juvenile’s best interests or to allow the parties to conduct discovery. In this case, the juvenile sought a continuance because his attorney had not discussed with him the possibility that he might be in custody over the Christmas holiday and counsel needed more preparation time. The juvenile was not seeking to obtain additional evidence, reports, or assessments, and the predisposition report had been available to his counsel for some time. Further, the juvenile failed to show prejudice from the denial of the continuance because the disposition was consistent with the terms of the admission agreement.

Category:
Disposition
Stage:
Motions to Continue
Topic:
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