Legal Opinion

In re W.B.M.

Court of Appeals of North Carolina

Decided March 2, 2010No. COA09-205PublishedCited by 8 opinions

1Opinion of the Court

STEPHENS, Judge.

The pivotal issue raised by this appeal is whether the statutory procedures for placing an individual’s name on the Responsible Individual’s List under Articles 3 and 3A of the North Carolina Juvenile Code violate the individual’s procedural due process rights under the Fifth and Fourteenth Amendments to the United States Constitution and Article I, Section 19 of the North Carolina Constitution. For the reasons stated below, we conclude that, at a minimum, the challenged statutory procedures violate an individual’s due process rights under Article I, Section 19 of the North…

2Cases cited22 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Wolff v. McDonnellSupreme Court of the United States · 1974
  4. Santosky v. KramerSupreme Court of the United States · 1982
  5. United States v. SalernoSupreme Court of the United States · 1987

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3Cited by8 opinions

  1. G.V. v. Department of Public WelfareSupreme Court of Pennsylvania · 2014
  2. Ga. Dep't of Human Servs. v. SteinerSupreme Court of Georgia · 2018
  3. D.C. v. Department of Human ServicesCommonwealth Court of Pennsylvania · 2016
  4. Lipinski v. Town of SummerfieldCourt of Appeals of North Carolina · 2013
  5. Delhaize America, Inc. v. LayCourt of Appeals of North Carolina · 2012

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