Juvenile Justice Case Compendium
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| Case Name & Citation | Case Description |
|---|---|
| In the Matter of J.U. 887 S.E.2d 859 (June 16, 2023) |
Facts: The juvenile petition alleging sexual battery stated, “the juvenile did unlawfully, willfully engage in sexual contact with [B.A.] by touching [her] vaginal area, against the victim[’]s will for the purpose of sexual gratification.” On appeal following adjudication, the juvenile alleged... |
| In the Matter of J.S.G. 2021-NCCOA-40 (March 2, 2021) |
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| In the Matter of D.W.L.B. ____ N.C. App. ____ (September 17, 2019) |
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| In the Matter of T.K. __ N.C. App. __, 800 S.E.2d 463 (2017) |
In a disorderly conduct case, the adjudication was reversed where the petition was not signed by a juvenile court counselor nor marked as “Approved for filing.” A petition alleging delinquency that does not include the signature of a juvenile court counselor (or other appropriate State... |
| In the Matter of Z.T.W. 238 N.C. App. 365 (2014) |
The trial court did not err by ordering, under G.S. 7B-1903(c), that the juvenile be held in secure custody pending his transfer to an out of home placement. (1) G.S. 7B-1906(g), which requires a written order with appropriate findings of fact regarding the evidence relied upon and the purposes... |
| In the Matter of J.F. 237 N.C. App. 218 (2014) |
(1) Two juvenile petitions alleging first-degree sex offense under G.S. 14-27.4(a)(1) and two petitions alleging crime against nature under G.S. 14-177 provided sufficient notice because the allegations followed the statutory language of both offenses. The petitions charging first-degree sex... |
| In the Matter of A.M. 220 N.C. App. 136 (2012) |
The trial court erred in not ruling on the juvenile’s motion for disclosure of witnesses and not granting a continuance or otherwise remedying the problem created by the State’s failure to comply with G.S. 7B-2300(b). Before the adjudication hearing, the juvenile filed a motion pursuant to G.S.... |
| In the Matter of T.H 218 N.C. App. 123 (2012) |
The Court of Appeals rejected the juvenile’s argument that G.S. 7B-1702 should be strictly construed to require, in every case, that the court counselor interview the juvenile and the alleged victim unless it is impossible to do so. The juvenile was adjudicated delinquent for simple assault and... |
| In the Matter of A.W. 209 N.C. App. 596 (2011) |
A one-week difference between the date of offense alleged in the petition for indecent liberties between children and the date shown by the evidence did not require a dismissal where the variance was slight and did not prevent the juvenile from presenting an adequate defense. The petition... |
| In the Matter of D.B. 214 N.C. App. 489 (2011) |
The petition alleging larceny from the “Crossings Golf Club” should have been dismissed for lack of subject matter jurisdiction because it did not allege that the club was a corporation or other legal entity capable of owning property. |
| In the Matter of D.S. 364 N.C. 184 (2010) |
The NC Supreme Court held that the statutory time limits in G.S. 7B-1703 for the filing of juvenile petitions are not jurisdictional. On 9/25/07 the court counselor received a complaint about an incident that occurred at school, involving the juvenile’s touching a female student with an object... |
| In the Matter of J.A.G. 206 N.C. App. 318 (2010) |
The trial court dismissed a petition alleging that the juvenile was delinquent because it was filed more than 15 days after the court counselor received the complaint. At the request of the court counselor law enforcement filed a second complaint based on the same conduct, and within 15 days the... |
| In the Matter of D.L.H. 364 N.C. 214 (2010) |
The court reversed the decision of the Court of Appeals which held that juveniles are entitled to credit for time spent in secure custody prior to disposition under G.S. 15-196.1. Pursuant to G.S. 7B-1903(c), the juvenile spent 55 days in secure custody awaiting disposition. Then,... |
| In the Matter of D.L.H. 198 N.C. App. 286 (2009), rev’d on other grounds, 364 N.C. 214 (2010) |
After the juvenile admitted the alleged violations of probation, the trial court had authority under G.S. 7B-1903(c) to order the juvenile to be in detention pending the disposition, because the juvenile had been adjudicated delinquent, the juvenile admitted probation violations, and the court... |
| In the Matter of J.C. 205 N.C. App. 301 (2010) |
A juvenile petition sufficiently alleged that the juvenile was delinquent for possession of a weapon on school grounds in violation of G.S. 14-269.2(d) where it alleged the juvenile possessed an “other weapon” specified as a “steel link from chain.” The court stated that “the item . . . is... |
| In the Matter of D.L.H. 198 N.C. App. 286 (2009), rev’d on other grounds, 364 N.C. 214 (2010) |
The trial court erred in refusing to consider the juvenile’s motion for release from secure custody and by failing to entertain the juvenile’s motion for a custody review hearing on the ground that the judge did not have the authority to modify the order of another judge. G.S. 7B-... |
| In the Matter of D.S. 197 N.C. App. 598 (2009), reversed on other grounds by, 364 N.C. 184 (2010) |
The Court of Appeals rejected the juvenile’s argument that there was a fatal variance between the simple assault petition and the evidence because the petition alleged that he touched the victim with his hands, while the evidence showed only that he touched her with an object, a “Pixy Stix”... |
| In the Matter of M.S. 99 N.C. App. 260 (2009) |
The court held that juvenile petitions alleging first-degree sexual offense were fatally defective because they failed to allege the names of the child victims as required by G.S. 15-144.2(b). |
| In the Matter of E.S. 191 N.C. App. 568 (2008) |
The superior court erred in its order reversing the district court’s transfer decision because it engaged in a de novo review of the evidence presented at the transfer hearing when, pursuant to G.S. 7B-2603, it was limited to reviewing whether the district court abused its discretion in... |
| In the Matter of B.D.N. 186 N.C. App. 108 (2007) |
A juvenile petition alleging the juvenile made a false bomb threat at school was not fatally deficient because it alleged a violation of the more general statute, G.S. 14-69.1(a), which applies to “any” building, as opposed to G.S. 14-69.1(c), which applies to “any public building.” Because “any... |