Legal Opinion

State v. Adams

Court of Appeals of North Carolina

Decided June 4, 1996No. 9412SC559Published

1Opinion of the Court

McGEE, Judge.

The determining issue on appeal is whether a defendant’s Sixth Amendment right to counsel attaches in a criminal juvenile abuse proceeding after the filing of a civil abuse petition, even though there has been no formal criminal charge, preliminary hearing, indictment, information, or arraignment. Because of the parallel nature of the civil petition and the criminal charge and because both are based upon the same facts, we affirm the trial court’s order that where, as here, a defendant is represented by counsel in the civil abuse proceedings, defendant’s Sixth Amendment right to…

2Cases cited4 opinions

  1. Kirby v. IllinoisSupreme Court of the United States · 1972
  2. State v. MorrellCourt of Appeals of North Carolina · 1993
  3. State v. P.Z.New Jersey Superior Court Appellate Division · 1995
  4. Matter of MaynardCourt of Appeals of North Carolina · 1994

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