Walker, Matter of, No. 8612DC333
| Docket Nº | No. 8612DC333 |
| Citation | 83 N.C.App. 46, 348 S.E.2d 823 |
| Case Date | October 07, 1986 |
| Court | Court of Appeal of North Carolina (US) |
Page 823
minor, Jeffrey Jones, a minor, Freddie Walker, a minor.
Page 824
Atty. Gen., Lacy H. Thornburg by Asst. Atty. Gen., David Gordon, Greenville, for the State.
Elizabeth Manton, Fayetteville, for respondent-appellants.
MARTIN, Judge.
Each respondent contends on appeal that the trial court erred by failing to state affirmatively, in the juvenile adjudication orders, that the allegations of the juvenile petitions had been proved beyond a reasonable doubt. As to each respondent, the court made a similar finding of fact: "[T]he Court after hearing all the evidence finds the allegations to be true." The State concedes that the court's failure to state the standard of proof used in making the determinations of delinquency constitutes reversible error and we agree. G.S. 7A-635 requires that the allegations of a juvenile petition alleging delinquency must be proved beyond a reasonable doubt. The pertinent provisions of G.S. 7A-637 provide: "If the judge finds that the allegations in the petition have been proved as provided by G.S. 7A-635, he shall so state." This Court has held that the provisions of the latter statute are mandatory and that it 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 Johnson, 76 N.C.App. 159, [83 N.C.App. 48] 331 S.E.2d 756 (1985); In re Wade, 67 N.C.App. 708, 313 S.E.2d 862 (1984).
By a separate assignment of error, respondent Jonah Jones contends that the evidence was insufficient to support an adjudication that he committed the offenses of breaking or entering and larceny. We agree.
In a juvenile adjudicatory hearing, the respondent is entitled to have the evidence evaluated by the same standards as apply in criminal proceedings against adults. In re Meaut, 51 N.C.App. 153, 275 S.E.2d 200 (1981); In re Dulaney, 74 N.C.App. 587, 328 S.E.2d 904 (1985). The State, therefore, must present substantial evidence of each essential element of the offense charged and of respondent's being the perpetrator. State v. Myrick, 306 N.C. 110, 291 S.E.2d 577 (1982). 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. State v. Earnhardt, 307...
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In re J.D., No. COA 18-1036
...305, 307 (2011), evidence must be "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) (citation omitted). Second-degree sexual exploitation of a minor requires evidence that the defendant knowin......
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In re K.C., No. COA12–1157.
...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). Here, Keith argues that the evidence offered by the State is insufficient to support an adjudication of delin......
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In re D.K., No. COA17-1338
...most favorable to the State, it is sufficient to raise more than a suspicion or possibility of the [juvenile's] guilt." In re Walker , 83 N.C. App. 46, 48, 348 S.E.2d 823, 824 (1986)."When the evidence raises no more than ‘a suspicion or conjecture as to either the commission of the offense......
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In re D.K., No. COA09-495.
...court to fail to state affirmatively that an adjudication of delinquency is based upon proof beyond a reasonable doubt." In re Walker, 83 N.C.App. 46, 47, 348 S.E.2d 823, 824 In re B.E., 186 N.C.App. at 660-61, 652 S.E.2d at 347. See also In re C.B., 187 N.C.App. 803, 805-06, 654 S.E.2d 21,......
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In re J.D., No. COA 18-1036
...305, 307 (2011), evidence must be "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) (citation omitted). Second-degree sexual exploitation of a minor requires evidence that the defendant knowin......
-
In re K.C., No. COA12–1157.
...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). Here, Keith argues that the evidence offered by the State is insufficient to support an adjudication of delin......
-
In re D.K., No. COA17-1338
...most favorable to the State, it is sufficient to raise more than a suspicion or possibility of the [juvenile's] guilt." In re Walker , 83 N.C. App. 46, 48, 348 S.E.2d 823, 824 (1986)."When the evidence raises no more than ‘a suspicion or conjecture as to either the commission of the offense......
-
In re D.K., No. COA09-495.
...court to fail to state affirmatively that an adjudication of delinquency is based upon proof beyond a reasonable doubt." In re Walker, 83 N.C.App. 46, 47, 348 S.E.2d 823, 824 In re B.E., 186 N.C.App. at 660-61, 652 S.E.2d at 347. See also In re C.B., 187 N.C.App. 803, 805-06, 654 S.E.2d 21,......