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COA: admitting teen's confession was a fundamental error

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An Indiana Court of Appeals decision today places a burden on police officers to make sure interview room video cameras don’t infringe upon meaningful consultation when a juvenile is involved.

The appellate court reversed a teen’s adjudication for committing what would be felony child molesting because he wasn’t given meaningful consultation with his guardian as required by Indiana’s juvenile waiver of rights statute. They found the video cameras that recorded the consultation between the two was an improper police presence and infringed on privacy necessary to any meaningful consultation.

S.D. was accused of molesting one of the children his guardian watched in her home daycare. He went with his guardian to the police to speak with Detective Chris Lawrence. He and his guardian were initially alone in the small interview room and noted the cameras in it. S.D. told the detective he didn’t care if his guardian was present during questioning, so she left. Detective Lawrence told S.D. he wasn’t under arrest and was free to go at any time. He questioned S.D. about the incident, said he didn’t think S.D. was telling the truth, and sat close to S.D. and spoke to him in a low voice near the end of the interview.

S.D. changed his story several times, eventually confessing to molesting the girl. He was then put in handcuffs. At his hearing, S.D. moved to suppress his videotaped statement. S.D. was found to have committed Class C felony child molesting if committed by an adult.

In S.D. v. State of Indiana, No. 49A02-1004-JV-442, the appellate court addressed the admission of the confession as to whether it constituted a fundamental error. S.D. claimed he wasn’t afforded meaningful consultation as required by Indiana’s juvenile waiver of rights statute because the consultation was videotaped. The issue was whether he was subject to a custodial interrogation when he confessed. The judges agreed that Detective Lawrence interrogated him and found the evidence supported a reasonable person in similar circumstances wouldn’t believe he was free to leave, so S.D. was in custody when he confessed. Because of this, the juvenile waiver statute applies and he was entitled to meaningful consultation with his guardian, wrote Judge Nancy Vaidik.

“Consultation can be meaningful only in the absence of police pressure,” she wrote. “Privacy is essential to a meaningful consultation. The meaningful consultation requirement is met only when the State demonstrates actual consultation of a meaningful nature or the express opportunity for such consultation, which is then forsaken by the juvenile in the presence of the proper authority, so long as the juvenile knowingly and voluntarily waives his constitutional rights.”

S.D. and his guardian were videotaped during their consultation and they were aware of the video cameras. This constituted an improper police presence and infringed on the privacy necessary to any meaningful consultation. The burden is on the state to demonstrate that S.D. and his guardian were afforded meaningful consultation; the burden isn’t on the juvenile to ask for it, she continued.

“We acknowledge that our decision places a burden on police officers to ensure that interview room video cameras do not infringe upon meaningful consultation when a juvenile is involved. However, in light of the purpose of the meaningful consultation requirement – to provide a juvenile with a ‘stabilizing and comparatively relaxed atmosphere in which to make a serious decision that could affect the rest of his life’ – we cannot say that such a burden is too onerous,” wrote Judge Vaidik.
 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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