North Carolina Lawyers Weekly

Even though there is no statutorily mandated procedure for a trial judge to advise a juvenile of his rights, including the privilege against self-incrimination, G.S. § 7B-2405 requires, at the very least, some colloquy between the trial court and the ...

The state presented evidence that (1) pins were found in Snickers bars among children’s Halloween candy, (2) the juvenile’s grandmother purchased Snickers bars to give out to children for Halloween, (3) the juvenile was the individual handing out candy from ...

Because the trial court’s “permanent plan” refers only to the child’s mother, this initial disposition order is ambiguous as to the respondent-father. We vacate the order and remand for a new dispositional hearing. The order does mention respondent. For example, ...

Plaintiff, who is in prison for committing a sex offense, claims that he was injured by the negligence of county and state officials. However, plaintiff casts as negligence claims what are, in essence, alleged violations of his constitutional rights to ...

  Plaintiff’s motion for an order to show cause why defendant should not be held in contempt did not include a sworn statement or affidavit from plaintiff as required by G.S. § 5A-23. Thus, the trial court did not acquire ...

  Although defendant enjoys diminished privacy rights during post-release supervision, he still enjoys appreciable, recognizable privacy interests that weight against the imposition of satellite-based monitoring (SBM) for the remainder of his lifetime SBM term. As we have held before, SBM ...

  Where multiple indictments charged defendant with crimes related to “Oxycodone,” the trial court could amend a related indictment to correct a spelling error: changing the non-word “Oxcodone” to “Oxycodone.” We find no error in defendant’s convictions for multiple drug ...

When officers arrested defendant pursuant to a warrant, a pill bottle—later determined to contain cocaine—was found in the pocket of defendant’s jacket. Although defendant said, “That’s not mine,” thus denying possession, he did not make any statement indicating that he ...

On appeal, defendant argues that the arresting officer, a Highway Patrol trainee, lacked probable cause to arrest defendant for driving while impaired; however, at trial, defendant failed to object to the officer’s testimony concerning his interaction with defendant after his ...

The trial court refused to allow defendant to introduce evidence that the victim—who alleged that defendant sexually abused her while he was in a relationship with her mother—had also alleged that her uncle had sexually abused her. The trial court ...