Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
In Re I.W.P., ___ N.C. App. ___, 815 S.E.2d 696 (May. 1, 2018)
In the context of deciding whether a manifest injustice existed that would warrant the court’s invocation of Rule 2 to consider on appeal an issue that was otherwise waived in this juvenile delinquency case, the court determined that sufficient evidence supported a delinquency adjudication on grounds that the juvenile engaged in disorderly conduct. The juvenile encouraged another middle school student to pull the fire alarm on the last day of school. Because the other student complied and the alarm was sounded, the juvenile’s actions disrupted, disturbed and interfered with the teaching of students and disturbed the peace, order or discipline at the middle school within the meaning of G.S. 14-288.4(6).