In the Matter of K.C., 226 N.C. App. 452 (2013)
Held:
Dismissed in part
Remanded in part
Affirmed in Part
Vacated in Part
The court exercised its authority to suspend the appellate rules, under Rule 2, to review the juvenile’s adjudications of sexual battery and simple assault because the juvenile did not move to dismiss at the close of all the evidence. Because the court concluded that the evidence was insufficient to support the juvenile’s adjudication, it reviewed the appeal to prevent “manifest injustice” to the juvenile.
Category:
AppealStage:
Sufficiency of the Evidence; PreservationTopic: