Eller, Matter of, No. 403A91
| Docket Nº | No. 403A91 |
| Citation | 331 N.C. 714, 417 S.E.2d 479 |
| Case Date | June 25, 1992 |
| Court | United States State Supreme Court of North Carolina |
Page 479
In the Matter of Nikki Love GREER.
Page 480
[331 N.C. 715] Lacy H. Thornburg, Atty. Gen. by Jane Rankin Thompson, Asst. Atty. Gen., Winston-Salem, for the State, petitioner-appellee.
John T. Kilby, West Jefferson, for respondent-juvenile-appellant Eller.
Grier J. Hurley, Jefferson, for respondent-juvenile-appellant Greer.
MEYER, Justice.
The facts pertinent to this case are as follows. On 30 January 1990, respondent Greer, then a fourteen-year-old student at Beaver Creek High School in Ashe County, attended a basic special education reading class taught by Ms. Linda Weant. There were five students in the classroom. While giving a reading assignment at the chalkboard, Ms. Weant observed Greer make a move toward another student, who was separated by an aisle, causing the other student to dodge Greer's move. Ms. Weant finished relating the assignment, then approached Greer and asked Greer to show her what was in Greer's hand. Greer thereupon "willingly" and without delay gave Ms. Weant a carpenter's nail. The other students observed the discussion and resumed their work when so requested by Ms. Weant.
[331 N.C. 716] On 1 March 1990, Ms. Weant taught her basic mathematics class to four students, including respondents Greer and Eller (fifteen years old at the time). Greer and Eller were seated at the rear of the classroom with their peers in a single, horizontal row parallel to the rear wall situated near a radiator located on the wall. During the course of their instruction time, Greer and Eller "more than two or three times" struck the metal shroud of the radiator.
Page 481
Ms. Weant testified that she saw each child strike the radiator at least once. Each time contact was made, a rattling, metallic noise was produced that caused the other students to look "toward where the sound was coming from" and caused Ms. Weant to interrupt her lecture for fifteen to twenty seconds each time the noise was made. Ms. Weant did not intervene other than to silently stare at Greer and Eller for fifteen to twenty seconds and then resume her teaching. She did, however, report the incident to the school principal that afternoon or the following day.Pamela Scott, principal of Beaver Creek High School, subsequently filed juvenile petitions alleging delinquency on the part of respondents. Respondent Greer was alleged to be a delinquent under N.C.G.S. § 7A-517(12) in that the radiator and the nail incidents amounted to disorderly conduct within an educational institution in violation of N.C.G.S. § 14-288.4(a)(6). Respondent Eller was alleged to be a delinquent by virtue of her engaging in the radiator incident alone. Judge Michael Helms, after making findings of fact, concluded that each student violated N.C.G.S. § 14-288.4(a)(6) in that each intentionally caused an actual and material interference with the program of educational instruction at Beaver Creek High School, and therefore adjudicated the girls as delinquents. Pursuant to this determination, the court placed each juvenile on probation and mandated numerous special conditions.
The Court of Appeals agreed with the lower court, finding as a matter of law that respondents' behavior with regard to the radiator amounted to disorderly conduct in violation of N.C.G.S. § 14-288.4(a)(6). In re Eller, 103 N.C.App. 625, 406 S.E.2d 299 (1991). Judge Parker dissented from this holding, stating that "striking the radiator in a class of four students does not as a matter of law constitute a substantial disruption of the teaching program." Id. at 628, 406 S.E.2d at 300 (Parker, J., dissenting). By virtue of Judge Parker's dissent, respondents appeal as of right the issue of whether the radiator incident constituted disorderly conduct. Subsequent to the holding of the Court of Appeals, counsel for [331 N.C. 717] respondent Greer filed a petition for discretionary review to determine whether the radiator incident, in tandem with the nail incident, the latter discussed by neither the majority nor the dissenting opinion of the Court of Appeals, satisfy the requirements of N.C.G.S. § 14-288.4(a)(6). We granted this petition and now decide whether the nail and radiator incidents, as alleged in the juvenile petitions, constitute disorderly conduct such as to justify the lower court's conclusion of law.
Respondent-appellants contend that the disruptive...
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In re J.D., No. COA 18-1036
...in a juvenile matter, the State must offer "substantial evidence of each of the material elements of the offense alleged." In re Eller, 331 N.C. 714, 717, 417 S.E.2d 479, 481 (1992). Taking the evidence in the light most favorable to the State, as we are required to do, In re A.W. , 209 N.C......
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In The Matter Of D.L.D., No. COA09-1253.
...to the State, and the State is entitled to receive every reasonable inference of fact that may be drawn from the evidence.” In re Eller, 331 N.C. 714, 717, 417 S.E.2d 479, 481 (1992) (citing State v. Easterling, 300 N.C. 594, 268 S.E.2d 800 (1980)).The offense of possession with intent to s......
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State v. Thompson, COA20-434
...of and confusion of the operation of the school in its program of instruction and training of students there enrolled." In re Eller , 331 N.C. 714, 718, 417 S.E.2d 479, 482 (1992). We recently observed that this rule from In re Eller applies to both parts of the disjunctive—"[d]isrupts, dis......
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State v. Thompson, COA20-434
...of and confusion of the operation of the school in its program of instruction and training of students there enrolled." In re Eller, 331 N.C. 714, 718, 417 S.E.2d 479, 482 (1992). We recently observed that this rule from In re Eller applies to both parts of the disjunctive-"[d]isrupts, dist......
-
In re J.D., No. COA 18-1036
...in a juvenile matter, the State must offer "substantial evidence of each of the material elements of the offense alleged." In re Eller, 331 N.C. 714, 717, 417 S.E.2d 479, 481 (1992). Taking the evidence in the light most favorable to the State, as we are required to do, In re A.W. , 209 N.C......
-
In The Matter Of D.L.D., No. COA09-1253.
...to the State, and the State is entitled to receive every reasonable inference of fact that may be drawn from the evidence.” In re Eller, 331 N.C. 714, 717, 417 S.E.2d 479, 481 (1992) (citing State v. Easterling, 300 N.C. 594, 268 S.E.2d 800 (1980)).The offense of possession with intent to s......
-
State v. Thompson, COA20-434
...of and confusion of the operation of the school in its program of instruction and training of students there enrolled." In re Eller , 331 N.C. 714, 718, 417 S.E.2d 479, 482 (1992). We recently observed that this rule from In re Eller applies to both parts of the disjunctive—"[d]isrupts, dis......
-
State v. Thompson, COA20-434
...of and confusion of the operation of the school in its program of instruction and training of students there enrolled." In re Eller, 331 N.C. 714, 718, 417 S.E.2d 479, 482 (1992). We recently observed that this rule from In re Eller applies to both parts of the disjunctive-"[d]isrupts, dist......