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Admission of the videotaped confession constitutes fundamental error

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The true finding that a juvenile committed an act that would constitute the offense of attempted burglary, a class B felony, was reversed by the Indiana Court of Appeals on the grounds the trial court made a fundamental error in admitting into evidence the juvenile’s videotaped confession.

However, in R.W. v. State of Indiana, No.49A02-1112-JV-1187, the COA remanded with instructions for the trial court to enter a true finding of criminal mischief.  

R.W., the juvenile, was caught by a homeowner after he broke a window and tried to reach through the shattered glass to lift the window. The homeowner knew R.W. and Indianapolis Metropolitan Police Department found the juvenile, took him to a roll call location for an interview, and contacted his mother.

The juvenile and his mother were given a waiver-of-rights form which they signed incorrectly. In the ensuing recorded interview, R.W. admitted that he attempted to break into the house in order to steal Xbox games.

The state filed a delinquency petition in conjunction with this incident alleging that R.W. had committed acts that would constitute the offenses of burglary as a class B felony and criminal mischief as a class B misdemeanor if committed by an adult.

When the state sought to introduce R.W’s videotaped confession, the juvenile objected on the grounds that neither he nor his mother was asked as to each individual right if they understood the consequences of giving those up.

On appeal, R.W. claimed the confession was inadmissible because the waiver form does not indicate that his mother waived R.W.’s rights. He acknowledged he objected to the introduction of the confession on different grounds for the appeal than he did at trial, but he argued the admission constituted a fundamental error.

The Court of Appeals agreed, finding the only evidence supporting the true finding of attempted burglary is the videotaped confession. The court concluded the trial court committed fundamental error in admitting R.W.’s videotaped confession and the true finding must be reversed.

However, the court did find sufficient evidence exists to establish the remaining elements of burglary which also constitute every element of the offense of criminal mischief.

 

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  • Constitution
    What a joke, where was the evidence without a video? The courts seem to think that they can violate a persons constitutional rights but still claim they are guilty and still convict without evidence! WAKE UP AMERICA All it takes for tyranny to gain a foothold is for people of good conscience to remain silent. It's time for all Americans to standup and speak up! MUST READ ARTICLES The Infallible Prosecutor: Google it 10,000 innocent people convicted each year Scalia's death row lunacy: Google it Most registered sex offenders are innocent www.wikipedia.org Type censorship in the U.S. in the search box Jury nullification, a fundamental right! Indiana Constitution: Article1 Section 19 In all criminal cases whatever, the jury shall have the right to determine the law and the facts. The 9th and 10th amendments to the constitution of the United States means the same thing. An unjust law is not a law at all and any person charged with violating an unjust law has not violated any law and should not be found guilty simply because the law is unjust! IF YOU DON'T KNOW YOUR RIGHTS YOU DON'T HAVE ANY WE MUST PROTECT OUR CONSTITUTIONS

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  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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