In the Matter of D.K., 200 N.C. App. 785 (2009)
Held:
Affirmed in Part
The trial court committed reversible error by stating ambiguously which standard of proof it applied, referring in its order both to facts proven beyond a reasonable doubt and to the state’s having shown by clear and convincing evidence that the juvenile committed the act. Pursuant to G.S. 7B-2409, the allegations in a petition must be proven beyond a reasonable doubt. G.S. 7B-2411 further provides that if the court finds the allegations have been proven beyond a reasonable doubt, “the court shall so state in a written order.” Because the order contained conflicting standards of proof and the judge who presided at trial was no longer on the district court bench, a new trial was ordered.
Category:
AdjudicationStage:
Adjudication OrderTopic:
Burden of Proof