OJD Week In Review: Sept. 25-29

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This week, OJD has produced its first-ever podcast and we are now on SoundCloud!  In the podcast, Eric Zogry and Kim Howes discuss the Saldierna case.  Please click here to listen to the eighteen-minute recording.  We want to offer a special thanks to the N.C. Administrative Office of the Courts’ media team for helping us to create this presentation.

We plan to create more podcasts in the future in addition to our regular blog, and we encourage everyone in the N.C. juvenile defender community to contact us if there is any topic you would care to discuss, by audio, video or print!

 

New Updates: Case Summaries and “The Kavanaugh Review”

We have recently added the latest published opinion from the N.C. Court of Appeals, In re T.K.  This opinion can be located in our “Case Summaries” file on the “Materials for Defenders” page.  The information from this published opinion pertains to the use of petitions and disorderly conduct.

We would also like to note that Dr. Antoinette Kavanaugh, a veteran forensic clinical psychologist who has specialized in juvenile justice among other things, has published two new articles.  One article titled “The Prospects for Developing Expert Evidence in Juvenile Montgomery Resentencing Cases“, written in collaboration with Dr. Thomas Grisso, is meant to “help juvenile defense counsel understand the types of developmental evidence that can be used in juvenile Montgomery re-sentencing cases, explain the benefits and limitations of retaining an expert trained in developmental, psychological or clinical sciences to assist counsel in defense of their clients and what those experts can be expected to provide.”  The second 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.  These two articles have been published by the Pennsylvania Association of Criminal Defense Lawyers in their online quarterly, For the Defense, and The Champion magazine, a publication by the National Association of Criminal Defense Lawyers, respectively.

 

“A Juvenile’s Request for a Parent During Custodial Interrogation Must Be Unambiguous” by Professor LaToya Powell

From “On the Civil Side” blog, please take a moment to check out Professor LaToya Powell’s latest post.  In her writing Professor Powell reviews the case of State v. Saldierna, analyzing the facts of the case, the ruling, dissenting opinion from Justice Beasley, and how it compares to G.S. 7B-2101(c) and J.D.B. v. North Carolina.  You can find the full article here.

“North Carolina Court of Appeals Finds That Erroneous Completion of Juvenile Waiver of Rights Form Did Not Bar Admissibility of Confession” – By Bob Farb

From the School of Government’s “North Carolina Criminal Law,” blog, please read this informative blog by Professor Bob Farb. Professor Farb discusses the recent North Carolina Court of Appeals opinion, State v. Watson (October 18, 2016) addressing North Carolina statutory law concerning juvenile warnings and rights and the Watson ruling.

“North Carolina Court of Appeals Finds That Erroneous Completion of Juvenile Waiver of Rights Form Did Not Bar Admissibility of Confession.”

Registration Open: SJDC Regional Summit in Charlotte, June 17 and 18

savethedatecharlotte draftRegistration is now open for the Southern Juvenile Defender Center Regional Summit in Charlotte, June 17 and 18.  Held at the Charlotte School of Law, the Regional Summit will be attended by juvenile defenders from seven southeastern states.

This year’s Summit celebrates the 5th anniversary of the United States Supreme Court decision J.D.B. v. North Carolina. Presentations will include the state of Miranda since the decision, innovative legal challenges to confessions, as well as broader discussions of the impact of the J.D.B on youth issues on the on-the-ground decisions that led to the victory. The Summit will also include networking opportunities and forums for sharing challenges and successes in systems across the Southeast.

There is no registration fee. Scholarships are available for shared lodging accommodations on a first-come, first-served basis.

For more registration and information, click here or contact Eric Zogry.

Applying the Reasonable Child Standard to Juvenile Interrogations After J.D.B. v. North Carolina

 

Picture2Last week we posted a blog with a preview of UNC School of Government Professor LaToya Powell’s upcoming Juvenile Law Bulletin.  The Bulletin, Applying the Reasonable Child Standard to Juvenile Interrogations After J.D.B. v. North Carolina, is now available.

The Bulletin provides a step-by-step history and deconstruction of the traditional Miranda analysis before and after J.D.B., reviewing both North Carolina and national decisions on the interpretation of the U.S. Supreme Court’s decision.

Most helpful to defenders will be Professor Powell’s review of how other objective factors are weighed in the custody analysis (Section III.B.), listing seven important factual considerations when custody is in question.  Another bonus of the Bulletin is Professor Powell’s footnoted discussion of the “reasonable child” standard as it applies to searches in North Carolina under In re I.R.T., 184 N.C. app. 579 (2007).