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IN THE MATTER OF R.L.C. No. 531A06 FILED: 4 MAY 2007 1. Appeal and Error-from Court of Appeals to Supreme Court-dissent-issues properly before the Court

In determining the issues properly before the Supreme Court in an appeal based upon a dissent, the Supreme Court considers whether the issue was raised at trial and in the Court of Appeals, whether the error was properly assigned in the record on appeal, and whether the issue was a point of dispute set out in the dissenting opinion of the Court of Appeals. Moreover, the issue must be stated in the notice of appeal and properly argued and presented in the appellant's new brief. The Supreme Court here declined to address arguments concerning equal protection or the facial validity of the North Carolina crime against nature statute. 2. Appeal and Error-from Court of Appeals to Supreme Court-dissent-commingled issues

Arguments concerning statutory construction and the constitutionality of applying the crime against nature statute to the juveniles without an age requirement were so intertwined by the defendant and the Court of Appeals dissent that both were heard, even though it was not clear that the constitutionality argument was a basis for the dissent. There is no prejudice to the State, which argued the issue below and addressed it in the alternative in its brief. 3. Juveniles; Sexual Offenses--delinquency-crime against nature-no age differential

A juvenile's actions violated the crime against nature statute, N.C.G.S.

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South Carolina Law