In re T.R.B.

Supreme Court of South Carolina

In re T.R.B.

595 S.E.2d 146, 358 N.C. 370, 2004 N.C. LEXIS 344

CourtSupreme Court of South Carolina

DecidedMay 7, 2004

DocketNo. 296A03

StatusPublished

Cited by7 cases

This text of 595 S.E.2d 146 (In re T.R.B.) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re T.R.B., 595 S.E.2d 146, 358 N.C. 370, 2004 N.C. LEXIS 344 (S.C. 2004).

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Opinion

PER CURIAM.

This appeal arises from an adjudication order entered by Judge Joseph E. Setzer, Jr. and from a dispositional order entered by Judge David B. Brantley. Respondent T.R.B. was adjudicated delinquent and was sentenced to twelve months’ probation under the supervision of a juvenile court counselor. The Court of Appeals held that respondent’s confession was obtained in violation of N.C.G.S. § 7B-2101 and reversed and remanded the case for a new adjudication hearing. Judge Wynn wrote separately, “concurring in part, dissenting in part,” with the majority’s opinion. In re T.R.B., 157 N.C. App. 609, 623, 582 S.E.2d 279, 288 (2003).

The State, through the Attorney General, appealed to this Court pursuant to N.C.G.S. § 7A-30(2), and this Court granted the State’s petition for discretionary review as to additional issues. We have now determined that the petition for discretionary review as to additional issués was improvidently allowed. Additionally, because Judge Wynn concurred with the Court of Appeals’ majority opinion on all substantive grounds and merely raised an additional issue for consideration, the State’s appeal pursuant to N.C.G.S. § 7A-30(2) is hereby dismissed.

APPEAL DISMISSED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

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PER CURIAM.

This appeal arises from an adjudication order entered by Judge Joseph E. Setzer, Jr. and from a dispositional order entered by Judge David B. Brantley. Respondent T.R.B. was adjudicated delinquent and was sentenced to twelve months’ probation under the supervision of a juvenile court counselor. The Court of Appeals held that respondent’s confession was obtained in violation of N.C.G.S. § 7B-2101 and reversed and remanded the case for a new adjudication hearing. Judge Wynn wrote separately, “concurring in part, dissenting in part,” with the majority’s opinion. In re T.R.B., 157 N.C. App. 609, 623, 582 S.E.2d 279, 288 (2003).

The State, through the Attorney General, appealed to this Court pursuant to N.C.G.S. § 7A-30(2), and this Court granted the State’s petition for discretionary review as to additional issues. We have now determined that the petition for discretionary review as to additional issués was improvidently allowed. Additionally, because Judge Wynn concurred with the Court of Appeals’ majority opinion on all substantive grounds and merely raised an additional issue for consideration, the State’s appeal pursuant to N.C.G.S. § 7A-30(2) is hereby dismissed.

APPEAL DISMISSED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

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595 S.E.2d 146, 358 N.C. 370, 2004 N.C. LEXIS 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-trb-sc-2004.

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