227 N.C. App. 63
N.C. Ct. App.2013Background
- Juvenile petition filed Nov 8, 2011 in Robeson County District Court for misdemeanor assault.
- Adjudicatory hearing held Nov 29, 2011 in Lumberton Juvenile District Court before Judge Herbert L. Richardson.
- Juvenile, age 15, and three other boys allegedly horseplayed in a school bathroom; victim, age 13, was not participating in horseplay.
- Juvenile swung his arm after saying “watch this,” striking the victim in the groin; victim fell to the ground.
- Closing arguments were waived by juvenile's counsel; the court adjudged the juvenile delinquent on the misdemeanor assault charge; juvenile appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was counsel ineffective for failing to close arguments per se Sixth Amendment right? | Juvenile argues failure to close constitutes per se ineffective assistance. | Cronic/Herring do not support per se prejudice in a nonjury juvenile hearing. | No; not per se ineffective under the Sixth Amendment. |
| Did counsel's failure to argue the incident was an accident/horseplay render ineffective assistance? | Counsel should have argued the act was an accident during horseplay. | Record shows non-accidental testimony; defense strategy reasonable. | No; insufficient showing of deficient performance or prejudice. |
Key Cases Cited
- In re Burrus, 275 N.C. 517, 169 S.E.2d 879 (1969) (due process and counsel rights for juveniles in delinquency proceedings)
- Application of Gault, 387 U.S. 1 (1967) (right to counsel and due process in juvenile proceedings)
- Herring v. New York, 422 U.S. 853 (1975) (closing argument rights in criminal cases; not controlling per se in juveniles)
- United States v. Cronic, 466 U.S. 648 (1984) (presumed prejudice only in circumstances overwhelmingly prejudicial)
- State v. Harbison, 315 N.C. 175, 337 S.E.2d 504 (1985) (ineffective assistance standard; per se rule not applied here)
- State v. Braswell, 312 N.C. 553, 324 S.E.2d 241 (1985) (Strickland two-pronged test; objective reasonableness)
- State v. Paige, 202 N.C. App. 516, 689 S.E.2d 193 (2010) (ineffective assistance on direct appeal requires showing prejudice)
- Application of Gault, 387 U.S. 1 (1967) (due process standards in juvenile adjudications)