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latobiasavent

Aug 24, 2018
2 min

OJD Week in Review: Aug. 20 – 24

Happy Friday! This another very light week, but we’ve got some new resources added and the same reminders for training registration deadlines that are approaching fast! New Resource There are three new resources added to the “Materials for Defenders” page. Under the “Adolescent Brain Development” section, we’ve posted Dr. Cindy Cottle’s presentation from the Advocating for Youth Charged with First Degree Murder training titled Moving Forward: Advanced Concepts in Adolescent

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latobiasavent

Jul 20, 2018
4 min

OJD Week in Review: July 16 – 20

Congratulations on making it to the end of another week! And this has been another eventful week, so there is a bit of new content to be shared once again. New Resource On our “Materials for Defenders” page, we’ve added the documents from the “2018 Advocating for Youth Charged with First Degree Murder” training. You can review the info from this March training under the “Training Material – Listed by Training Program” section. From Around the Community Today is the last da

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latobiasavent

Oct 6, 2017
2 min

OJD Week in Review: Oct. 2-6

This week we want to remind everyone of some upcoming events/deadlines, an update to a Court of Appeals decision and an old-but-new addition to our materials for defenders. Also, a brief reminder to recent law school grads (Class of 2017 or 2018), that applications for the NJDC Gault Fellowship are due by Oct. 30. You can find further details about this opportunity and how to apply in our previous post from last month. The Wake Forest University School of Law has just announ

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latobiasavent

May 9, 2017
1 min

Forms and Motions Update: Motion and Order to Seal Records

We have recently updated our “Forms and Motions” section on our “Materials for Defenders” page with a new version of “Motion and Order to Seal Records“. A new document is available for review and to download at your convenience. Please feel free to check out the other resources we have available as well. #Motions #Materials #Forms #juveniledefenders #updates #records

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latobiasavent

Apr 10, 2017
1 min

Forms and Motions Update: Motion to Sequester

We have recently updated the “Forms and Motions” section on our “Materials for Defenders” page with a “Motion to Sequester”. For easy use and editing as needed, this document along with others is provided for the convenience of juvenile defenders. Please contact our office if you require further assistance. #Motions #Materials #Forms #juveniledefenders #sequester #witnesses #juveniles #resources

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latobiasavent

Apr 3, 2017
1 min

New Materials – Pocket Gault

On May 15th, we will be acknowledging the 50th anniversary of In re Gault, the landmark U.S. Supreme Court decision that guaranteed children the same due process rights as adults in delinquency court. To make sure every lawyer is properly equipped for this monumental event, we have uploaded a PDF version of the pocket Gault booklets to our Materials for Defenders page. The booklets give a very detailed summary of the historic case and succinct summaries of other cases relat

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latobiasavent

Feb 13, 2017
1 min

“Proving a Minor’s Sexual Purpose for Sexual Assault Crimes” by Jessica Smith

Please take a moment to read Professor Jessica Smith’s newest post on In re S.A.A., the recent Court of Appeals opinion regarding what circumstances are needed to prove sexual assault. The blog also includes additional case law to help defenders when analyzing whether or not the State can prove the element of sexual purpose in sexual assault petitions. The full article can be found here for your reading pleasure. Other information regarding these cases can also be found un

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latobiasavent

Apr 5, 2016
1 min

Juvenile Code Changes Now Online

The General Statutes have been updated online at the NC General Assembly website, including the Juvenile Code changes enacted December 1, 2015. Please see our earlier blogs regarding the changes. #Legislation #Materials

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New Report: Future Interrupted: The Collateral Damage Caused by Proliferation of Juvenile Records

latobiasavent

Mar 8, 2016
1 min

New Report: Future Interrupted: The Collateral Damage Caused by Proliferation of Juvenile Records

The Juvenile Law Center recently released Future Interrupted: The Collateral Damage Caused by Proliferation of Juvenile Records. This document contains valuable information for defenders in providing clients with guidance on the impact of juvenile adjudications and how those adjudications may be held against them in the future. Of particular interest would be the sections on the economic argument against proliferation of records, and the collateral consequences of juvenile

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Applying the Reasonable Child Standard to Juvenile Interrogations After J.D.B. v. North Carolina

latobiasavent

Mar 4, 2016
1 min

Applying the Reasonable Child Standard to Juvenile Interrogations After J.D.B. v. North Carolina

The Bulletin provides a step-by-step history and deconstruction of the traditional Miranda analysis before and after J.D.B., reviewing both North Carolina and national decisions on the interpretation of the U.S. Supreme Court’s decision. Most helpful to defenders will be Professor Powell’s review of how other objective factors are weighed in the custody analysis (Section III.B.), listing seven important factual considerations when custody is in question. Another bonus of the

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latobiasavent

Feb 24, 2016
1 min

Preview of a New Juvenile Law Bulletin: Applying the Reasonable Child Standard to Juvenile Interroga

UNC School of Government Professor LaToya Powell previews her upcoming Juvenile Law Bulletin considering a “reasonable juvenile” standard after J.D.B. v. North Carolina. Read her On the Civil Side blog here. #Materials #practicaltips

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latobiasavent

Jan 26, 2016
1 min

Montgomery v. Louisiana – Decision and Resources

On January 26, 2016 the United States Supreme Court determined in Montgomery v. Louisiana that the 2012 decision of Miller v. Alabama applies retroactively to juveniles who are currently serving life without parole sentences. This ruling may lead to the review of sentences for former juveniles currently incarcerated under life sentences in North Carolina and around the country. For more information about the case and its potential impact, please see: Articles in the New Yor

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latobiasavent

Oct 9, 2015
1 min

OJJDP Juvenile Justice Bulletin: Child Forensic Interviewing Best Practices

The Office of Juvenile Justice and Delinquency Prevention has released a Bulletin entitled Child Forensic Interviewing: Best Practices. Although the Bulletin seems to be intended for forensic interviewers and victim advocacy centers, it contains information helpful to defenders representing youth charged with sex offenses. The Bulletin clearly lays out best practices for interviewing children in cases of alleged abuse, and provide defenders with questions to ask interview

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latobiasavent

Aug 6, 2015
1 min

New Materials – Expunction Toolkit

Talking to clients about eligibility for expunction and exposure to collateral consequences can be challenging. To assist defenders in having a conversation with youth about expunction, there is now an Expunction Toolkit located under Materials for Defenders on the OJD website. The Toolkit includes the following materials: Power point presentation (with voiceover) explaining the law and impact of expunction Flow chart of expunction eligibility Impact chart of certain adjudi

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latobiasavent

Jul 13, 2015
3 min

JUVENILE LIFE WITHOUT PAROLE AFTER MILLER v. ALABAMA: A Report of the Phillips Black Project, July 8

The following is an excerpt from Juvenile Life Without Parole after Miller v. Alabama: A Report of the Phillips Black Project, authored by John Mills and Anna Dorn. It describes the state of the law of juvenile life without parole cases in North Carolina since the U.S. Supreme Court decision Miller v. Alabama, 132 S. Ct. 2455 (2012). The authors have assembled similar information for all U.S. jurisdictions. If you are interested in the full report, please contact them at mi

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latobiasavent

Mar 12, 2015
1 min

Guidelines for Representing Children Facing Life Sentences from the Campaign for the Fair Sentencing

The Campaign for the Fair Sentencing of Youth released the first-ever Guidelines for Representing Children Facing Life Sentences: “We are excited today to release the first-ever guidelines for representing children who face our country’s harshest penalty. Trial Defense Guidelines: Representing a Child Client Facing a Possible Life Sentence was drafted in close collaboration with attorneys and advocates from across the nation. Children are constitutionally and developmentally

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Instead of Suspension: Alternative Strategies for Effective School Discipline

latobiasavent

Feb 11, 2015
1 min

Instead of Suspension: Alternative Strategies for Effective School Discipline

Instead of Suspension: Alternative Strategies for Effective School Discipline is a new guide produced by the Duke Center for Child and Family Policy and the Duke Children’s Law Clinic, co-authored by Jane Wettach, Jenni Owen and Katie Claire Hoffman. As described in the forward, “[t]his report includes a compendium of alternatives to suspension and brief profiles of examples of where those alternatives are in place.” Though written primarily for school personnel, this repor

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New Resource: Guide to Juvenile Court for Youth & Parents in North Carolina

latobiasavent

Jan 8, 2015
1 min

New Resource: Guide to Juvenile Court for Youth & Parents in North Carolina

Youth Justice North Carolina has just released a great, unique resource: Guide to Juvenile Court for Youth & Parents in North Carolina. The Guide is a step-by-step introduction to the Juvenile Justice system, designed for all persons to assist in the navigation of a complex arena. Though written for parents and youth, defenders may also find it useful in their ongoing education, and especially when assisting their clients and caregivers through the process: https://www.dcon

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latobiasavent

Jun 16, 2014
1 min

Sex Offender Registration Notification Act

Our office recently co-sponsored a training for local defenders in Wilmington, NC. The topics were focused on juveniles alleged to have committed sex offenses. Juveniles adjudicated in North Carolina may still be required to register should life take them to another state. Please look through this powerpoint for a refresher on Registration Requirements for Juveniles. #CLE #Materials #Training

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