{
  "id": 8526864,
  "name": "IN THE MATTER OF: LARRY ANTHONY JOHNSON",
  "name_abbreviation": "In re Johnson",
  "decision_date": "1985-07-16",
  "docket_number": "No. 8527DC314",
  "first_page": "159",
  "last_page": "160",
  "citations": [
    {
      "type": "official",
      "cite": "76 N.C. App. 159"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "313 S.E. 2d 862",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1984,
      "opinion_index": 0
    },
    {
      "cite": "67 N.C. App. 708",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8527125
      ],
      "year": 1984,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/67/0708-01"
      ]
    }
  ],
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    "simhash": "1:096ed561b20cacf7",
    "word_count": 278
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  "last_updated": "2023-07-14T20:46:57.071049+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Chief Judge HEDRICK and Judge PARKER concur."
    ],
    "parties": [
      "IN THE MATTER OF: LARRY ANTHONY JOHNSON"
    ],
    "opinions": [
      {
        "text": "ARNOLD, Judge.\nBy 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\u2019s failure to state the standard of proof used in making the determination of delinquency constitutes reversible error. We agree.\nG.S. 7A-637 states in relevant part that, \u201cIf the judge finds that the allegations in the petition have been proved as provided in G.S. \u00a7 7A-635 [beyond a reasonable doubt], he shall so state.\u201d 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).\nThe decision of the trial court is\nReversed and remanded.\nChief Judge HEDRICK and Judge PARKER concur.",
        "type": "majority",
        "author": "ARNOLD, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Lacy H. Thornburg, by Associate Attorney General Debra K. Gilchrist, for the State.",
      "Stephen C. Brown for respondent."
    ],
    "corrections": "",
    "head_matter": "IN THE MATTER OF: LARRY ANTHONY JOHNSON\nNo. 8527DC314\n(Filed 16 July 1985)\nInfants \u00a7 20\u2014 adjudication of delinquency \u2014necessity for stating standard of proof\nThe trial court erred in adjudicating respondent a delinquent child without affirmatively stating that the allegation of the juvenile petition had been proved beyond a reasonable doubt.\nAPPEAL by respondent from Carpenter, Judge. Order entered 19 November 1984 in District Court, GASTON County. Heard in the Court of Appeals 24 June 1985.\nRespondent Larry Anthony Johnson was adjudicated a delinquent child upon a finding by the trial court that he committed the offense of malicious damage to personal property. He was placed on supervised probation for twelve months. From this Order, respondent appealed.\nAttorney General Lacy H. Thornburg, by Associate Attorney General Debra K. Gilchrist, for the State.\nStephen C. Brown for respondent."
  },
  "file_name": "0159-01",
  "first_page_order": 193,
  "last_page_order": 194
}