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 ...

Tagged with: juvenile

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 ...

Tagged with: juvenile

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 ...

Tagged with: juvenile

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. ...

Tagged with: juvenile

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 ...

Tagged with: juvenile

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 ...

Tagged with: juvenile murder

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 ...

Tagged with: juvenile

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 ...

Tagged with: juvenile

State v. Saldierna (Lawyers Weekly No. 15-07-0728, 20 pp.) (Linda Stephens, J.) Appealed from Mecklenburg County Superior Court (Forrest Bridges & Jesse Caldwell, JJ.) N.C. App. Holding: During a police interrogation of the 16-year-old defendant, he asked, “Can I call ...

Tagged with: juvenile