In re T.T.E., 372 N.C. 413

On Nov. 8, 2016 the State filed juvenile petitions charging T.T.E. with disorderly conduct (throwing a chair toward another student in the high‑school cafeteria) and resisting a public officer.
At adjudication (Feb. 20 & 23, 2017) the State presented two witnesses: the school resource deputy who observed the chair throw and chased/detained the juvenile, and a teacher who witnessed the post‑incident confrontation and crowding.
Deputy Ray testified he saw T.T.E. pick up and ‘‘chuck’’ a chair across a cafeteria of ~50–60 students, that T.T.E. later said he threw it at his brother while ‘‘playing,’’ and that students and staff were drawn to the ensuing hallway/lobby confrontation where cursing and involvement by other students occurred.
The district court denied the juvenile’s motions to dismiss and adjudicated delinquency on both charges; it imposed a Level 1 disposition.
The Court of Appeals unanimously vacated the resisting‑officer adjudication for insufficient evidence and, by majority, vacated the disorderly‑conduct adjudication, reasoning a single chair thrown that did not hit or come near anyone was not violent conduct under § 14‑288.4(a)(1). A dissent disagreed.
The State appealed to the N.C. Supreme Court, which considered (1) whether the petition sufficiently alleged the statute and (2) whether evidence was sufficient to survive a motion to dismiss on disorderly conduct.

Issue	Plaintiff's Argument (State)	Defendant's Argument (T.T.E.)	Held
Sufficiency of the petition to charge disorderly conduct under N.C.G.S. § 14‑288.4	Petition tracked statutory language and thus gave adequate notice of charge	Petition failed to specify the statutory subsection and was therefore defective	Petition was sufficient; court had jurisdiction (petition tracked § 14‑288.4 language)
Sufficiency of evidence to deny motion to dismiss for disorderly conduct (engaging in violent conduct / creating threat of imminent violence)	Viewed in State’s favor, evidence — chair thrown toward another student in cafeteria, flight, yelling/cursing, student crowding and disruption — gives substantial evidence and reasonable inferences supporting disorderly conduct	Evidence showed horseplay; chair did not hit anyone or clearly threaten anyone; testimony was equivocal and raised only suspicion, not proof beyond reasonable doubt	Reversed Court of Appeals: evidence was sufficient to deny motion to dismiss on disorderly conduct (substantial evidence to send to factfinder)

State v. Turnage, 362 N.C. 491 (2008) (defines de novo review and substantial‑evidence standard for motions to dismiss)
State v. Miller, 363 N.C. 96 (2009) (resolve conflicts in evidence for State; view evidence in light most favorable to State)
State v. Sturdivant, 304 N.C. 293 (1981) (indictment/pleading should follow statute language; purpose is notice not technical pleading traps)
State v. Sumpter, 318 N.C. 102 (1986) (evidence that only raises suspicion is not substantial)
State v. Barnes, 345 N.C. 146 (1996) (motion to dismiss must be allowed unless State presents substantial evidence of each element)