Opinion
No. 40P23
06-14-2023
In the MATTER OF C.H.
Katy Dickinson-Schultz, Assistant Appellate Defender. Glenn Gerding, Appellate Defender. Ryan M. Shuirman, Attorney at Law, Raleigh. Jessica Macari, Assistant Attorney General. Hilary Rose Ventura, Assistant Attorney General. Hilary Ventura, Assistant Attorney General.
Katy Dickinson-Schultz, Assistant Appellate Defender.
Glenn Gerding, Appellate Defender.
Ryan M. Shuirman, Attorney at Law, Raleigh.
Jessica Macari, Assistant Attorney General.
Hilary Rose Ventura, Assistant Attorney General.
Hilary Ventura, Assistant Attorney General.
ORDER
This matter is before this Court on respondent's petition for discretionary review of a decision of the Court of Appeals affirming the trial court's order involuntarily committing respondent. In reaching this outcome, the Court of Appeals failed to consider this Court's opinion in In re R.S.H. , 383 N.C. 334, 881 S.E.2d 480 (2022). As such, this case is remanded to the Court of Appeals for reconsideration in light of this Court's decision in In re R.S.H. , consistent with this order. If the Court of Appeals determines that respondent preserved his confrontation right and that his confrontation right was violated, it should also consider whether respondent was prejudiced by the violation of his right to confrontation.
The portion of the Court of Appeals’ decision reviewing the trial court's order finding that respondent's due process rights were not violated by the State's lack of participation in the hearing, consistent with this Court's decision in In re J.R. , 383 N.C. 273, 881 S.E.2d 522 (2022), remains undisturbed.
By order of the Court in Conference, this the 14th day of June 2023.