Delinquency Proceedings
Delinquency Petition
"[T]he petition in a juvenile action serves as the pleading . . . and a petition alleging delinquency must 'contain a plain and concise statement . . . asserting facts supporting every element of a criminal offense and the juvenile's commission thereof with sufficient precision clearly to apprise the juvenile of the conduct which is the subject of the allegation.' In re Griffin, 162 N.C. App. 487, 493, 592 S.E.2d 12, 16 (2004) (quoting N.C. Gen. Stat. § 7B-1802 (2003)).
Standard of Proof at Adjudication
"[I]t is reversible error for a trial court to fail to state affirmatively that an adjudication of delinquency is based upon proof beyond a reasonable doubt.' In re D.K., 200 N.C. App. 785, 788, 684 S.E.2d 522, 525 (2009) (quoting In re B.E., 186 N.C. App. 656, 661, 652 S.E.2d 334, 347 (2007)).
Juvenile Admission
"The use of the mandatory word 'only' together with 'and' in N.C.G.S. § 7B-2407(a) undoubtedly means that all of these six specific steps are paramount and necessary in accepting a juvenile's admission as to guilt during an adjudicatory hearing. In re T.E.F., 359 N.C. 570, 574, 614 S.E.2d 296, 298 (2005).
Motion to Dismiss
"We review a trial court's denial of a motion to dismiss de novo. In re S.M.S., 196 N.C. App. 170, 171, 675 S.E.2d 44, 45 (2009). "Where the juvenile moves to dismiss, the trial court must determine whether there is substantial evidence (1) of each essential element of the offense charged, . . . and (2) of being the perpetrator of such offense. In re Heil, 145 N.C. App. 24, 28, 550 S.E.2d 815, 819 (2001) (quotation marks omitted). "The evidence must be such that, when it is viewed in the light most favorable to the State, it is sufficient to raise more than a suspicion or possibility of the respondent's guilt. In re Walker, 83 N.C. App. 46, 48, 348 S.E.2d 823, 824 (1986).
Disposition
"Based upon the delinquency history level determined pursuant to G.S. § 7B-2507, and the offense classification for the current offense, N.C. Gen. Stat. § 7B-2508 then dictates the dispositional limits available. In re Allison, 143 N.C. App. 586, 597, 547 S.E.2d 169, 176 (2001).
"Although the trial court has discretion under N.C. Gen. Stat. § 7B-2506 [] in determining the proper disposition for a delinquent juvenile, the trial court shall select a disposition that is designed to protect the public and to meet the needs and best interests of the juvenile .... In re Ferrell, 162 N.C. App. 175, 176, 589 S.E.2d 894, 895 (2004) (citation and quotation marks omitted).
Custodial Interrogation/Suppression of Statements
Statutory Claims
"The rights protected by N.C.G.S. § 7B-2101 apply only to custodial interrogations. Thus, the threshold inquiry for a court ruling on a suppression motion based on G.S. § 7B-2101, is whether the respondent was in custody when the statement was obtained. In re T.R.B., 157 N.C. App. 609, 612, 582 S.E.2d 279, 282 (2003) (citation omitted). "This requires the trial court to apply an objective test as to whether a reasonable person in the position of the would believe himself to be in custody or that he had been deprived of his freedom of action in some significant way. Id. at 613, 582 S.E.2d at 282 (quotation marks omitted).
Constitutional Claims
"Reviewing the question de novo today, we hold that so long as the child's age was known to the officer at the time of police questioning, or would have been objectively apparent to a reasonable officer, its inclusion in the custody analysis is consistent with the objective nature of that test. This is not to say that a child's age will be a determinative, or even a significant, factor in every case. J.D.B. v. North Carolina, 564 U.S. 261, 277, 180 L. Ed. 2d 310, 326 (2011).
Suppression of Physical Evidence
"'Our review of a trial court's denial of a motion to suppress is limited to a determination of whether its findings are supported by competent evidence, and if so, whether the findings support the trial court's conclusions of law.' In re I.R.T., 184 N.C. App. 579, 584, 647 S.E.2d 129, 134 (2007) (quoting State v. McRae, 154 N.C. App. 624, 627-28, 573 S.E.2d 214, 217 (2002)). "'The trial court's conclusions of law, however, are reviewable de novo.' In re D.L.D., 203 N.C. App. 434, 437, 694 S.E.2d 395, 399 (2010) (quoting In re J.D.B., 196 N.C. App. 234, 237, 674 S.E.2d 795, 798 (2009)).
Probation Revocation
"If the trial court finds by the greater weight of the evidence that the juvenile has violated the conditions of probation then the trial court 'may continue the original conditions of probation, modify the conditions of probation, or, . . . order a new disposition at the next higher level on the disposition chart ....' In re V.A.L., 187 N.C. App. 302, 303, 652 S.E.2d 726, 727 (2007) (quoting N.C. Gen. Stat. § 7B-2510(e) (2005)).