Week in Review: June 1-5
Hey Readers! There are just a few reminders this week, and new tip on discovery. As always, we thank you so much for the work you do defending children.
TIP OF THE WEEK
The Juvenile Code has similar discovery rules to those followed in adult criminal court except that in juvenile court you are entitled to discovery in both felony and misdemeanor cases. N.C.G.S. §7B-2300 provides for mandatory discovery upon the filing of a motion for discovery. Some jurisdictions are refusing to provide discovery for cases involving 16-17 year old youth who have petitions filed alleging an A-G offense and are awaiting indictment (as a refresher, upon a finding of probable cause or indictment, a youth who is 16 or 17 years old and charged with an A-G felony must be transferred to Superior Court).
There is no caveat to the language in the statute “upon motion of a juvenile alleged to be delinquent, the court SHALL order the petitioner…”. The statute does not exclude 16/17 year old youth with petitions for A-G felonies awaiting indictment or a probable cause hearing. It is very important that you file your motion for discovery as early as possible in your case so that if the state is refusing to provide discovery, you can file a motion to compel. In your argument to the court to compel discovery, be sure to argue that the plain language of the statute applies and unless, and until, an indictment is returned (or probable cause is found), your client is still under the jurisdiction of juvenile court and the juvenile code applies.
Just a reminder, the 2020 SJDC Virtual Summit Presentation #2 is TODAY at 2:00 (ET) – 3:30 (ET).
Topic? Virtual Reality: Representing Juveniles in Remote Courtroom Panelists: Gar Blume, Tim Curry, Angela Vigil Register here: https://emory.zoom.us/webinar/register/WN_ddRytFWkSGajsMfBXDHj
The last SJDC Virtual Summit Presentation will be June 12, 2020 from 2:00-3:30 PM. Another 1.5 of CLE hours :D.
Topic? Where Do We Go From Here: Juvenile Defense Post COVID-19
Moderator: Rob Mason; Panelists: Amy Borror, Kristen Rome, Eric Zogry. Here is the registration link: https://emory.zoom.us/webinar/register/WN_lLBVyt80ROihqmb4id_EqQ
A Word Please,
OJD would also like to thank all of the defenders who make these webinars and CLE options possible. We know that they may not be the most enjoyable thing, sitting in front of the computer, but we are grateful that you attend and work hard to gain insight into juvenile defense. Keep a look out for more OJD CLE opportunities, have any course suggestions? Email LaTobia or Austine.
That’s all for this week. Thank you for checking in and we hope that your weekend is filled with grilled hot dogs and sunshine. See you next week!