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The Court of Appeals released three delinquency related unpublished opinions in March. Adjudications In the matter of D.B., 2016 N.C. App. Lexis 271 (unpublished opinion) Rule(s):  Trial court may deny a motion for continuance when counsel is not seeking to obtain additional evidence or assessments. Restitution In the matter of J.L.A.I., 2016 N.C. App. Lexis 266 (unpublished opinion) Rule(s):  The State may not introduce evidence after trial as a basis for a juvenile’s adjudication. Evidence In the matter of A.L. 2016 N.C. App. Lexis 264 (unpublished opinion) Rule(s):  Defense counsel must establish evidence to support a self-defense claim before introducing evidence of victim’s history of violence. #CaseLaw

Please see the latest update to our “Case Summaries” (previously “Case Notes”) list in the Materials have most recently added a “Sex Offenses” section and copied opinions from other sections on previous cases The latest case in this category was the published opinion In the Matter of S.A.A., which established

We will see you next week for Case Law Corner.

However, a recent Ohio Supreme Court case provides a substantial basis challenging North Carolina’s use Because the case indirectly highlights how North Carolina has long understood that juvenile adjudication In the 2005 case, the Court of Appeals took the opportunity to confirm that, yes, this provision means sentence, not the defendant’s case for life.  (In 2002, in the only case I am aware of that deals with this particular part of the death sentencing

One of the distinguishing features about the juvenile process versus adult criminal court is the care In criminal court, the process is “offense based”:  what is the seriousness of the offense, and what Juvenile justice is founded on the idea that each child before the court is an individual, whose case outcome should be considered with care and particularity.  protecting public safety (4) The degree of culpability indicated by the circumstances of the particular case

Antone’s case, the superior court failed to make findings on several of the enumerated mitigation factors

Professor Powell discusses what the current case law says about what counts as a prior adjudication for dispositional purposes, and briefly discusses the change that will occur after the enactment of a new law

On Monday, Feb. 11, the Duke Criminal Law Society and Duke Law Professor Brandon L. Andrews said from the perspective of trial attorneys dealing with JLWOP cases, they should pursue school To read the report and more from Duke Law’s JustScience Lab, please go here.

This opinion can be located in our “Case Summaries” file on the “Materials for Defenders” page.   One article titled “The Prospects for Developing Expert Evidence in Juvenile Montgomery Resentencing Cases understand the types of developmental evidence that can be used in juvenile Montgomery re-sentencing cases article is called “When Are We Going to Launch Gault 2.0“and discusses the necessary evolution of the laws established by Gault based on empirical evidence in the last fifty years.  

Campbell Law School (225 Hillsborough St., Raleigh, NC 27603) will be hosting a luncheon Friday, Mar.

CASE NOTES There were two new published opinions last month, one from the NC Supreme Court and the other assistant public defender for the 14th Judicial District in Durham, NC, where she handled only juvenile cases For seven years prior to that, she was in private practice focusing on juvenile, family, and criminal law

The blog also includes additional case law to help defenders when analyzing whether or not the State Other information regarding these cases can also be found under the “Case Summaries” section of our “