Criminal Practice – Juvenile – Miranda & Juvenile Rights – Older Brother’s Presence

In re M.L.T.H. (Lawyers Weekly No. 10-06-0985, 1 p.) (Per Curiam) Appealed from Nash County District Court. (William G. Stewart & John Covolo, JJ.) On discretionary review from the N.C. Court of Appeals. N.C. S. Ct. Click here for the full text of the opinion.

Holding: Where our Court of Appeals determined,  the juvenile’s rights were violated when he was told he could have anyone at all present during interrogation and he chose his 21-year-old brother, discretionary review was improvidently allowed.