Form AOC-J-470 "Appellate Entries in Delinquency Proceeding" - North Carolina

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NC-JOIN No.
File No.
STATE OF NORTH CAROLINA
In The General Court Of Justice
County
District Court Division
IN THE MATTER OF
APPELLATE ENTRIES
Name Of Juvenile
IN DELINQUENCY PROCEEDING
G.S. 7B-2604, -2605
Name And Address Of Prosecutor
Name And Address Of Juvenile’s District Court Counsel
Telephone No.
Telephone No.
Date(s) Of Hearing(s) On Which Appealed Order(s) Is Based
Juvenile’s Initial Appellate Counsel
The Appellate Defender T: (919) 354-7210 F: (919) 354-7211
123 W. Main Street, Suite 500, Durham, NC 27701
(The Appellate Defender is appointed unless the juvenile retains counsel.)
Name, address, and telephone number of retained appellate counsel
INITIAL APPEAL ENTRIES
1. Pursuant to G.S. 7B-2604,
the juvenile,
the juvenile’s parent(s), custodian, or guardian
the State
the County
has given notice of appeal to the North Carolina Court of Appeals.
2. The juvenile is released pursuant to G.S. 7B-2605.
Conditions of release, if any:
.
3. Release of the juvenile pursuant to G.S. 7B-2605 is denied.
(NOTE:
)
Under G.S. 7B-2605, the juvenile is released pending appeal unless the Court orders otherwise.
Compelling reasons release is denied:
.
4. Pursuant to G.S. 7A-450 and G.S. 7B-2000, the juvenile is conclusively presumed to be indigent and has requested a transcript of
all adjudication and disposition hearings.
5. The juvenile does not read or speak the English language, but reads and/or speaks his or her native language of
. The Court therefore authorizes the services of a language translator
or interpreter during the pendency of the appeal for the purposes of (1) written translation of attorney-client correspondence,
assignments of error in the settled record on appeal, appellate briefs filed by the juvenile and the State, and appellate opinion(s),
and/or (2) verbal interpretation of attorney-client communication at each critical stage of the appellate proceedings.
The Court further Orders that a language translator or interpreter with the necessary knowledge, skill, experience, training and
education to perform the above services shall be selected and paid by the Administrative Office of the Courts.
6. IT IS ORDERED that the juvenile is allowed to appeal as an indigent and:
a. The Office of Indigent Defense Services shall pay the costs of producing a transcript and of reproducing the record and the
juvenile’s brief and other pleadings, unless retained counsel appears in the case at the time of the notice of appeal. IDS is
relieved of responsibility of paying the cost of the transcript.
b. The Appellate Defender is appointed to perfect the juvenile’s appeal, unless retained appellate counsel enters the case at the
time of the notice of appeal.
c. The Clerk shall furnish to the juvenile’s appellate counsel a copy of the complete trial division file in the delinquency and/or
undisciplined case and, upon request, any documentary exhibits.
d. The Clerk has duplicated the audio recording of the hearing(s), date(s) listed above, and shall deliver the duplicate recording,
two copies of these Appellate Entries, and a copy of the order upon which this appeal is based to the person designated by the
Clerk on the reverse of these Appellate Entries to produce a transcript of the hearing(s) under the conditions specified by the
Court on the reverse. No fee shall be charged for the cost of the duplicate recording.
e. The Clerk shall serve on the Appellate Defender or on retained appellate counsel a copy of these Appellate Entries and a copy
of the order(s) from which the juvenile appeals, no later than 14 days after the date of the judge’s signature immediately below.
f. The Clerk shall serve a copy of these entries on the prosecutor, the juvenile, the juvenile’s parent(s), and the court-appointed
guardian or custodian, no later than 14 days after the date of the judge’s signature immediately below.
Name Of Judge (type or print)
Signature Of Judge
Date
(Over)
AOC-J-470, Rev. 1/21
© 2021 Administrative Office of the Courts
NC-JOIN No.
File No.
STATE OF NORTH CAROLINA
In The General Court Of Justice
County
District Court Division
IN THE MATTER OF
APPELLATE ENTRIES
Name Of Juvenile
IN DELINQUENCY PROCEEDING
G.S. 7B-2604, -2605
Name And Address Of Prosecutor
Name And Address Of Juvenile’s District Court Counsel
Telephone No.
Telephone No.
Date(s) Of Hearing(s) On Which Appealed Order(s) Is Based
Juvenile’s Initial Appellate Counsel
The Appellate Defender T: (919) 354-7210 F: (919) 354-7211
123 W. Main Street, Suite 500, Durham, NC 27701
(The Appellate Defender is appointed unless the juvenile retains counsel.)
Name, address, and telephone number of retained appellate counsel
INITIAL APPEAL ENTRIES
1. Pursuant to G.S. 7B-2604,
the juvenile,
the juvenile’s parent(s), custodian, or guardian
the State
the County
has given notice of appeal to the North Carolina Court of Appeals.
2. The juvenile is released pursuant to G.S. 7B-2605.
Conditions of release, if any:
.
3. Release of the juvenile pursuant to G.S. 7B-2605 is denied.
(NOTE:
)
Under G.S. 7B-2605, the juvenile is released pending appeal unless the Court orders otherwise.
Compelling reasons release is denied:
.
4. Pursuant to G.S. 7A-450 and G.S. 7B-2000, the juvenile is conclusively presumed to be indigent and has requested a transcript of
all adjudication and disposition hearings.
5. The juvenile does not read or speak the English language, but reads and/or speaks his or her native language of
. The Court therefore authorizes the services of a language translator
or interpreter during the pendency of the appeal for the purposes of (1) written translation of attorney-client correspondence,
assignments of error in the settled record on appeal, appellate briefs filed by the juvenile and the State, and appellate opinion(s),
and/or (2) verbal interpretation of attorney-client communication at each critical stage of the appellate proceedings.
The Court further Orders that a language translator or interpreter with the necessary knowledge, skill, experience, training and
education to perform the above services shall be selected and paid by the Administrative Office of the Courts.
6. IT IS ORDERED that the juvenile is allowed to appeal as an indigent and:
a. The Office of Indigent Defense Services shall pay the costs of producing a transcript and of reproducing the record and the
juvenile’s brief and other pleadings, unless retained counsel appears in the case at the time of the notice of appeal. IDS is
relieved of responsibility of paying the cost of the transcript.
b. The Appellate Defender is appointed to perfect the juvenile’s appeal, unless retained appellate counsel enters the case at the
time of the notice of appeal.
c. The Clerk shall furnish to the juvenile’s appellate counsel a copy of the complete trial division file in the delinquency and/or
undisciplined case and, upon request, any documentary exhibits.
d. The Clerk has duplicated the audio recording of the hearing(s), date(s) listed above, and shall deliver the duplicate recording,
two copies of these Appellate Entries, and a copy of the order upon which this appeal is based to the person designated by the
Clerk on the reverse of these Appellate Entries to produce a transcript of the hearing(s) under the conditions specified by the
Court on the reverse. No fee shall be charged for the cost of the duplicate recording.
e. The Clerk shall serve on the Appellate Defender or on retained appellate counsel a copy of these Appellate Entries and a copy
of the order(s) from which the juvenile appeals, no later than 14 days after the date of the judge’s signature immediately below.
f. The Clerk shall serve a copy of these entries on the prosecutor, the juvenile, the juvenile’s parent(s), and the court-appointed
guardian or custodian, no later than 14 days after the date of the judge’s signature immediately below.
Name Of Judge (type or print)
Signature Of Judge
Date
(Over)
AOC-J-470, Rev. 1/21
© 2021 Administrative Office of the Courts
CLERK’S TRANSCRIPT ORDER AND CERTIFICATE
The Clerk of Court hereby designates the person named below to receive a duplicate recording of the hearing(s) in this action. The
designated person is authorized to listen to the duplicate recording and to transcribe the proceedings verbatim.
Name, Address And Telephone No. Of Authorized Person (type or print)
Telephone No.
To The Authorized Person Named Above:
Prepare and deliver to the parties a transcript of all portions of the proceedings in the above-captioned case, within the deadline set out
in Rule 7(e)(1) of the N.C. Rules of Appellate Procedure.
The Court orders that you maintain strict confidentiality of the record(s) in accordance with the statutes. You shall return the duplicate
recording of this proceeding to the custody of the Clerk of Superior Court immediately upon the completion of the transcription of this
matter. The Clerk, upon receipt of the duplicate recording of this confidential proceeding, shall erase it.
I certify that I served a copy of these Appellate Entries on counsel for all parties, or on the parties themselves if not represented by
counsel, and on each transcriptionist, and that I delivered a copy to the Appellate Defender’s Office if the Office has not been appointed
as the juvenile’s appellate counsel, on the date shown below:
personally.
by mailing it to the listed recipients at the addresses shown on Side One.
Date Clerk’s Transcript Order Entered And Filed
Date Order Served And Delivered, If Different
Name Of Clerk (type or print)
Signature Of Clerk
Deputy CSC
Assistant CSC
Clerk Of Superior Court
TRACKING AND RECEIPT
I have transmitted to the authorized person named above the duplicate recording, two copies of these Appellate Entries, and a copy of the
court order by
personally delivering those items to that person.
mailing those items via the U.S. Postal Service to that person.
Date Transmitted
Signature
Deputy CSC
Assistant CSC
Clerk Of Superior Court
I have received the duplicate recording and the order from the Clerk of Superior Court and have acknowledged receipt by promptly
returning to the Clerk this signed copy of the Court’s Appellate Entries.
Date Received
Signature Of Person Authorized To Transcribe
The duplicate of the recording and the order have been returned to the Clerk Of Superior Court by the authorized person.
Date Returned
Signature
Deputy CSC
Assistant CSC
Clerk Of Superior Court
THIRTY DAY EXTENSION OF TIME TO DELIVER TRANSCRIPT
Pursuant to Rule 27(c)(1) of the N.C. Rules of Appellate Procedure, upon motion of the juvenile, and for good cause shown,
It is ORDERED that the time for delivery of the transcript is extended 30 days to and including
.
NOTE:
Pursuant to Rule 27(c)(1), N.C. Rules of Appellate Procedure, the trial court may grant only one extension of the deadline for delivery of a
transcript. Any motion for an additional extension of the deadline must be made to the appellate court to which appeal has been taken.
Date
Name Of Judge (type or print)
Signature Of Judge
THIRTY DAY EXTENSION OF TIME TO SERVE PROPOSED RECORD ON APPEAL
Pursuant to Rules 11 and 27 of the N.C. Rules of Appellate Procedure, upon motion of the juvenile, and for good cause shown,
It is ORDERED that the time for service of the proposed record on appeal is extended for 30 days to and including
.
NOTE:
Pursuant to Rule 27(c)(1), N.C. Rules of Appellate Procedure, the trial court may grant only one extension of the deadline for service of the
proposed record on appeal. Any motion for an additional extension of the deadline must be made to the appellate court to which appeal has been taken.
Date
Name Of Judge (type or print)
Signature Of Judge
TRANSCRIPTIONIST’S CERTIFICATE OF DELIVERY
I delivered the transcript, made up of
pages in
volumes, electronically to all of the parties described above
except as to the following party(ies) who are not able to receive electronic delivery, where I have instead delivered the transcript
personally
by mail:
(
).
name party(ies) not receiving transcript electronically
Date Transcript Delivered To Parties Name Of Transcriptionist
Signature Of Transcriptionist
CLERK’S CERTIFICATION
I certify this Appellate Entries form is a true and complete copy of the original on file in this case.
Date
Signature And Seal
Deputy CSC
Assistant CSC
Clerk Of Superior Court
AOC-J-470, Side Two, Rev. 1/21, © 2021 Administrative Office of the Courts
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