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

Held: 
Remanded in part
Affirmed in Part

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 comments (1) did not violate G.S. 15A-1222 because that provision only applies when a jury is present and (2) did not indicate that the judge was not impartial in his role as finder of fact because the juvenile did, in fact, receive a disposition within the boundaries set out by statute.

Category:
Disposition
Stage:
Comments by Judge
Topic:
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