Court of Appeals Delinquency Opinions

Three recent cases decided by the Court of Appeals:

Continuances

 In the matter of A.S., 2016 N.C. App. LEXIS 750 (unpublished opinion)

Rule(s):

  • “[N]o particular procedure is mandated” for a hearing on the defendant’s capacity to stand trial.
  • “’The statutory hearing requirement appears to be satisfied as long as it appears from the record that the defendant, upon making the motion, is provided an opportunity to present any and all evidence he or she is prepared to present.’” P.6
  • Evidence must be presented that the defendant was or likely was incompetent, not a request by the attorney to consider the issue of competency further.

http://appellate.nccourts.org/opinions/?c=2&pdf=33608

Sufficiency of the Evidence

 In the matter of A.O.A., 2016 N.C. App. LEXIS 744 (unpublished opinion)

Rule(s):

  • “To sustain a conviction of possession of drug paraphernalia, the State must demonstrate that the defendant: (1) knowingly, (2) possessed drug paraphernalia, and (3) used or intended to use that paraphernalia in connection with a controlled substance.” P.6.

http://appellate.nccourts.org/opinions/?c=2&pdf=33909

Ineffective Assistance of Counsel

 In the matter of G.R., 2016 N.C. App. LEXIS 740 (unpublished opinion)

Rule(s):

  • A claim of ineffective assistance of counsel which is uncertain to fall below an objective standard of reasonableness, but raises enough questions on appeal that further investigation is required, will be dismissed without prejudice to file a motion for appropriate relief with the lower court.

http://appellate.nccourts.org/opinions/?c=2&pdf=33653

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