{
  "id": 8521902,
  "name": "In the Matter of HERMAN LEE YOUNG",
  "name_abbreviation": "In re Young",
  "decision_date": "1985-12-17",
  "docket_number": "No. 8520DC791",
  "first_page": "440",
  "last_page": "441",
  "citations": [
    {
      "type": "official",
      "cite": "78 N.C. App. 440"
    }
  ],
  "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": "301 S.E. 2d 750",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1983,
      "opinion_index": 0
    },
    {
      "cite": "61 N.C. App. 749",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8524267
      ],
      "year": 1983,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/61/0749-01"
      ]
    }
  ],
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  "last_updated": "2023-07-14T22:39:04.225821+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Chief Judge Hedrick and Judge JOHNSON concur."
    ],
    "parties": [
      "In the Matter of HERMAN LEE YOUNG"
    ],
    "opinions": [
      {
        "text": "WHICHARD, Judge.\nThe State presented evidence of a statement made by respondent during custodial interrogation. N.C. Gen. Stat. 7A-595(b) provides: \u201cWhen the juvenile is less than 14 years of age, no in-custody admission or confession resulting from interrogation may be admitted into evidence unless the confession or admission was made in the presence of the juvenile\u2019s parent, guardian, custodian, or attorney.\u201d The record contains no finding as to compliance with this provision.\nThe court did make the following statement: \u201cThe next point, whether or not there was a waiver, which was knowingly, intelligently, understandingly and voluntarily made, got my attention but I am satisfied by the evidence according to the required standard that he together with his mother knew what they were doing.\u201d This statement, however, relates only to respondent\u2019s waiver of his rights. See N.C. Gen. Stat. 7A-595(d); In re Riley, 61 N.C. App. 749, 301 S.E. 2d 750 (1983). It contains nothing that can be construed as a factual finding that the confession itself was made in the presence of respondent\u2019s parent, guardian, custodian or attorney as required by N.C. Gen. Stat. 7A-595(b).\nWe thus remand for a finding on compliance with N.C. Gen. Stat. 7A-595(b).\nRemanded.\nChief Judge Hedrick and Judge JOHNSON concur.",
        "type": "majority",
        "author": "WHICHARD, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Thornburg, by Assistant Attorney General Robert E. Cansler, for the State.",
      "Joe P. McCollum, Jr., for respondent appellant."
    ],
    "corrections": "",
    "head_matter": "In the Matter of HERMAN LEE YOUNG\nNo. 8520DC791\n(Filed 17 December 1985)\nInfants \u00a7 17\u2014 juvenile proceeding \u2014 admissibility of confession \u2014 presence of parent or guardian \u2014 absence of finding\nThe confession of a twelve-year-old respondent was improperly admitted in a juvenile delinquency proceeding where the court made no factual finding that the confession itself was made in the presence of respondent\u2019s parent, guardian, custodian or attorney as required by N.C.G.S. 7A-595(b). The trial court\u2019s statement that respondent \u201ctogether with his mother knew what they were doing\u201d related only to respondent\u2019s waiver of his rights and did not constitute a factual finding on the question of compliance with N.C.G.S. 7A-595(b), and the cause must be remanded for a finding on compliance with the statute.\nAPPEAL by juvenile respondent from Burris, Judge. Disposition order entered 19 March 1985 in District Court, UNION County. Heard in the Court of Appeals 20 November 1985.\nJuvenile petitions alleged that respondent, age twelve, is delinquent as defined in N.C. Gen. Stat. 7A-517(12) in that he (1) feloniously broke and entered a residence with intent to commit a felony therein, and (2) feloniously and with intent to kill assaulted an occupant of the residence with a deadly weapon inflicting serious injury. The court found that respondent was delinquent and ordered him committed to training school for a period not to exceed his eighteenth birthday.\nRespondent appeals.\nAttorney General Thornburg, by Assistant Attorney General Robert E. Cansler, for the State.\nJoe P. McCollum, Jr., for respondent appellant."
  },
  "file_name": "0440-01",
  "first_page_order": 472,
  "last_page_order": 473
}