Johnson, Matter of
| Decision Date | 16 July 1985 |
| Docket Number | No. 8527DC314,8527DC314 |
| Citation | 76 N.C.App. 159,331 S.E.2d 756 |
| Parties | In the Matter of Larry Anthony JOHNSON. |
| Court | North Carolina Court of Appeals |
Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. Debra K. Gilchrist, Fayetteville, for the State.
Stephen C. Brown, Gastonia, for respondent.
By his sole assignment of error, respondent contends that the trial court erred in that it failed to affirmatively state that the allegation of the juvenile petition had been proved beyond a reasonable doubt. He argues that the trial judge's failure to state the standard of proof used in making the determination of delinquency constitutes reversible error. We agree.
G.S. 7A-637 states in relevant part that, "If the judge finds that the allegations in the petition have been proved as provided in G.S. 7A-635 [], he shall so state." The failure of the trial judge to follow the clear mandate of the statute is error. In re Wade, 67 N.C.App. 708, 313 S.E.2d 862 (1984).
The decision of the trial court is
Reversed and remanded.
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In re Eades
...comply with the statutory mandate is reversible error. In re Walker, 83 N.C.App. 46, 47, 348 S.E.2d 823, 824 (1986); In re Johnson, 76 N.C.App. 159, 331 S.E.2d 756 (1985); In re Wade, 67 N.C.App. 708, 313 S.E.2d 862 (1984); In re Mitchell, 87 N.C.App. 164, 359 S.E.2d 809 In the case sub jud......
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In re Z.T.B., COA04-238.
...with this mandate constitutes reversible error. In re Eades, 143 N.C.App. 712, 713, 547 S.E.2d 146, 147 (2001); In re Johnson, 76 N.C.App. 159, 331 S.E.2d 756 (1985); In Wade, 67 N.C.App. 708, 313 S.E.2d 862 (1984). This Court also has held that when the statute governing petitions for term......
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Wheeler, Matter of
...of delinquency constitutes reversible error on appeal. See In re Walker, 83 N.C.App. 46, 348 S.E.2d 823 (1986); In re Johnson, 76 N.C.App. 159, 331 S.E.2d 756 (1985); In re Wade, 67 N.C.App. 708, 313 S.E.2d 862 (1984). Because the same statutes require trial judges to recite the standard of......
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In The Matter Of T.D.W.
...N.C.App. 564, 569, 613 S.E.2d 298, 300 (2005), citing In re Eades, 143 N.C.App. 712, 713, 547 S.E.2d 146, 147 (2001); In re Johnson, 76 N.C.App. 159, 331 S.E.2d 756 (1985); In re Wade, 67 N.C.App. 708, 313 S.E.2d 862 (1984), and that “[v]iolation of the clear mandate of a statute has been h......