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

831 S.E.2d 293 (2019) · Supreme Court of North Carolina · August 16, 2019 · No. No. 238A18

Summary

The North Carolina Supreme Court held that sufficient evidence supported a juvenile’s adjudication for disorderly conduct based on throwing a chair toward another student in a school cafeteria and the resulting disturbance. The Court also held that the delinquency petition sufficiently alleged a violation of North Carolina General Statutes § 14-288.4 despite not specifying the statutory subsection. The Court reversed the Court of Appeals as to the disorderly conduct adjudication, while leaving undisturbed its ruling vacating the resisting-a-public-officer adjudication.

Holdings

  1. A juvenile delinquency petition sufficiently alleges disorderly conduct when it tracks the statutory language and specifically describes the charged conduct, even if it does not identify the precise statutory subsection.
  2. The State presented substantial evidence sufficient to withstand the juvenile's motion to dismiss the disorderly-conduct charge.

Questions Presented

  1. Whether the juvenile delinquency petition sufficiently alleged a violation of N.C.G.S. § 14-288.4 despite not specifying subsection (a)(1).
  2. Whether substantial evidence supported denying the juvenile's motion to dismiss the disorderly-conduct charge based on intentionally causing a public disturbance through violent conduct.
  3. Whether the Court of Appeals erred in vacating the disorderly-conduct adjudication and related disposition.

Disposition

reversed

Cases Cited (11)

  • In re Griffin, 162 N.C. App. 487, 493, 592 S.E.2d 12, 16 (2004)(followed)
  • In re Burrus, 275 N.C. 517, 530, 169 S.E.2d 879, 887 (1969)(followed)
  • McKeiver v. Pennsylvania, 403 U.S. 528 (1971)(followed)
  • State v. Sturdivant, 304 N.C. 293, 310-11, 283 S.E.2d 719, 731 (1981)(followed)
  • State v. Turnage, 362 N.C. 491, 493-94, 666 S.E.2d 753, 755 (2008)(followed)
  • State v. Crawford, 344 N.C. 65, 73, 472 S.E.2d 920, 925 (1996)(followed)
  • State v. Hunt, 365 N.C. 432, 436, 722 S.E.2d 484, 488 (2012)(followed)
  • State v. Miller, 363 N.C. 96, 98-99, 678 S.E.2d 592, 594 (2009)(followed)
  • State v. Butler, 356 N.C. 141, 145, 567 S.E.2d 137, 140 (2002)(followed)
  • In re T.T.E., 818 S.E.2d 324 (N.C. Ct. App. 2018)(reversed in part)

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