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

Dismissed in part
Remanded in part
Affirmed in Part
Vacated in Part

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 typically be unable to develop such claims on direct appeal. When an appellate court determines that an IAC claim is premature, it must dismiss the claim without prejudice to allow the claim to be reasserted in a subsequent motion for review proceeding. In this case, the record was unclear on whether counsel’s performance fell below an objective standard of reasonableness or prejudiced the juvenile as to the charge of simple assault. The juvenile’s IAC claim as to the charge of sexual battery was moot, since that adjudication was vacated for insufficient evidence.

Ineffective Assistance of Counsel
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