In the Matter of T.H., 218 N.C. App. 123 (2012)


There was no due process violation where a delay of less than one-year in production of the transcript was not presumptively prejudicial. The delay in the production of a trial transcript can result a violation of a juvenile’s “constitutional and statutory rights to meaningful and effective appellate review.” Factors in determining whether a delay violates due process are the same as those for pre-trial delay in a criminal case: length of delay; reason for delay; respondent’s assertion of his right to speedy action; and prejudice resulting from the delay. In this case, the juvenile’s attorney was partly responsible for the delay, he did not specifically assert a right to a speedy trial [appeal], and he was not “particularly prejudiced” by the delay.

Delay in Delivery of Transcript
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