U.S. v. Under Seal (Lawyers Weekly No. 001-083-17, 37 pp.) (Floyd, J.) No. 15-4539, April 5, 2017; USDC at Alexandria, Va. (Lee, J.); 4th Cir. Holding: In this case involving prosecution of a murder of a member of the MS-13 ...

Tagged with: juvenile

After a budget signing in Albany, New York on April 9, the state of North Carolina now truly stands alone—and not in a good way. New York Gov. Andrew Cuomo approved a budget that, among other things, will soon change ...

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Optimism does not come cheaply for veterans of the longstanding effort to broaden the remit of North Carolina’s juvenile justice system to include 16- and 17-year olds accused of all but the most serious crimes. But supporters of a bill ...

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In re D.E.P. (Lawyers Weekly No. 011-039-17, 18 pp.) (Valerie Zachary, J.) Appealed from Mecklenburg County District Court (David Strickland, J.) N.C. App. Holding: In re V.M., 211 N.C. App. 389, 712 S.E.2d 213 (2011), and several subsequent decisions wrongly ...

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State v. Saldierna (Lawyers Weekly No. 010-009-17, 26 pp.) (Robert Edmunds Jr., J.) (Cheri Beasley, J., dissenting) Appealed from Mecklenburg County Superior Court (Forrest Bridges & Jesse Caldwell, JJ.) On discretionary review from the Court of Appeals. N.C. S. Ct. ...

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State v. Watson (Lawyers Weekly No. 011-348-16, 13 pp.) (Lucy Inman, J.) Appealed from Mecklenburg County Superior Court (Yvonne Mims Evans, J.) N.C. App. Holding: The record supports the trial court’s finding that the 16-year-old defendant and Detective Grosse both ...

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A juvenile defendant facing charges of murder in aid of racketeering cannot be tried as an adult because the possible sentence would run afoul of recent U.S. Supreme Court precedent, the 4th U.S. Circuit Court of Appeals ruled in a ...

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State v. Collins (Lawyers Weekly No. 011-063-16, 29 pp.) (John Tyson, J.) (Donna Stroud, J., concurring in part and dissenting in part) Appealed from Beaufort County Superior Court (Wayland Sermons Jr., J.) N.C. App. Holding: Until this appeal, no one ...

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In re J.H. (Lawyers Weekly No. 15-07-1087, 35 pp.) (Donna Stroud, J.) Appealed from Chatham County District Court (M. Patricia DeVine, J.) N.C. App. Holding: Although a Jan. 29, 2014, Texas order was not included in the record on appeal, ...

Tagged with: juvenile

Ambiguous statements made by juveniles regarding their right to have a parent present during questioning triggers a requirement for interrogators to clarify the juvenile’s meaning before continuing, the North Carolina Court of Appeals ruled July 21. The appeals court decided ...

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