In the Matter of Z.T.W., 238 N.C. App. 365 (2014)

Held: 
Affirmed

The court rejected the State’s argument that the juvenile’s appeal of the trial court’s order placing him in secure custody pending his transfer to an out-of-home placement was moot on the ground that the issue is “capable of repetition, yet evading review.” An order is reviewable under this exception to the general rule prohibiting the judicial system from addressing moot issues when (1) the challenged action is too short in duration to be fully litigated prior to its expiration, and (2) there is a reasonable expectation that the same complaining party would be subjected to the same action again. The secure custody order in this case is an inherently temporary measure that is likely to recur in the future. As a result, the court addressed the merits of the appeal.

Category:
Appeal
Stage:
Mootness
Topic:
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