CONGRATULATIONS TO DAVID ANDREWS & KATHY VANDENBERG!
Congratulations David and Kathy for your victory in not one but TWO North Carolina Supreme Court cases finding de facto life sentences without parole for juveniles unconstitutional! You can read about their win here: https://appellate.nccourts.org/opinions/?c=1&pdf=41495
Tip of the Week - How Do I Know the State Will be Seeking the Gang Enhancement Against My Juvenile?
Under current law, there is no process for notice to the juvenile and the juvenile’s attorney that the state is seeking the gang enhancement. As the juvenile’s attorney, you should consider the following:
Get a copy of the gang assessment from DJJ prior to adjudication
Argue that the notice of gang enhancement be presented pre-adjudication
Develop a theory of defense against the client’s involvement in gang activity
Prepare for a hearing on the issue
Request a hearing, similar to an adjudicatory hearing
Request the court make findings on the record and appeal where appropriate
The Office of the Capital Defender is HIRING!
The Office of the Capital Defender will be hiring an ACD in their Durham office. The job posting may be found here at:
The posting closes 7/5/2022 at 5:00 PM Eastern. Please feel free to share this email with anyone who might be interested. You may also forward this to other listservs. Feel free to contact Faiza Ali, Legal Assistant Office of the Capital Defender at: Faiza.A.Ali@nccourts.org with any questions you may have.