Court of Appeals Delinquency Opinions
The Court of Appeals released five delinquency related opinions in July.
State v. Saldierna, 2015 N.C. App. LEXIS 630
Rule(s): Ambiguous statement(s) touching on a juvenile’s right to have a parent present during an interrogation triggers a requirement for the interviewing officer to clarify the juvenile’s meaning
In the matter of K.M.M., 2015 N.C. App. LEXIS 572
Rule(s): Adjudication orders are not required to delineate each element of an offense.
Detention and Custody
In the matter of R.B.L., 2015 N.C. App. LEXIS 592 (unpublished opinion)
Rule(s): A juvenile is not considered in custody unless he is subjected to additional restraints beyond those generally imposed during school hours.
Conflicts and Restitution
In the matter of T.H. & A.M., 2015 N.C. App. LEXIS 599 (unpublished opinion)
Rule(s): (1) Dispositional orders requiring restitution must include findings of fact demonstrating that the best interests of the juvenile are being served.
(2) Unless circumstances indicate otherwise, trial courts may assume that multiple representation entails no conflict or that the attorney and his clients knowingly accept such risk of conflict may exist
In the matter of I.E.H., 2015 N.C. App. LEXIS 555 (unpublished opinion)
Rule(s): Short form language in juvenile petitions is allowable.