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Tag Archives: juvenile

Criminal Practice – Juvenile – Discovery – Witness List – Lack of Notice (access required)

In re A.M. The juvenile moved in limine for a list of the petitioner’s witnesses pursuant to G.S. § 7B-2300(b). Although the petitioner provided some witnesses’ names, it failed to provide the juvenile with the name of the only eyewitness. Despite the fact that the assistant district attorney appearing for the petitioner only learned of the eyewitness on the day of the hearing, the witness testified that she had been subpoenaed three months earlier.

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Criminal Practice – Juvenile – Self-Incrimination – Failure to Warn – Harmless Error (access required)

In re J.R.V. Where our Court of Appeals held, Even though, before the juvenile testified, the trial court failed to warn him of his privilege against self-incrimination, the error was harmless. The juvenile’s testimony echoed that of the state’s witness in some respects; otherwise, it was exculpatory,” discretionary review was improvidently allowed.

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Criminal Practice – Juvenile – Assault & Robbery – Sufficient Investigation – Transcript Delay – Victim’s ID of Respondent (access required)

In re T.H. G.S. § 7B-1702 only requires a juvenile court counselor to conduct certain interviews before filing a juvenile petition “if practicable.” In this well-investigated case, the counselor was not required to conduct all the interviews set out in the statute. We affirm respondent’s adjudication as delinquent for his involvement in the assault and robbery of victim L.C.

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Criminal Practice – Juvenile — Alford Admission – Colloquy with Judge (access required)

In re C.L. The record indicates that the juvenile was adequately apprised of the consequences of making his Alford admission, understood what would happen if he persisted in making such an admission, and made an “informed choice” to admit responsibility pursuant to Alford instead of asserting the rights that would have been available to him had he gone to hearing. The trial court’s failure to make the inquiry specified in G.S. § 15A-1022(d) neither affected the juvenile’s decision to plead nor undermined the plea‘s validity.

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Criminal Practice – Juvenile — Delinquency Proceedings – Attempted First Degree Sex Offense (access required)

In re J.J. Where both the adjudication and dispositional orders in this case fail to state any written findings of fact as mandated by the N.C. Juvenile Code, the case is remanded to the trial court for entry of the statutorily mandated written findings of fact in these orders. No prejudicial error in part; vacated and remanded in part.

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Domestic Relations – Juvenile – Civil Practice – Contempt – Medical Care Coordinator – Sovereign Immunity (access required)

In re A.C.G. Although Piedmont Behavioral Health provides services pursuant to several government contracts, PBH is an independent contractor; as such, it is not entitled to governmental immunity. We affirm the order holding PBH in contempt in part. We vacate that part of the order fining PBH $10,000.

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