ILNews

Justices uphold admitting juvenile's confession

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court has found that a juvenile court didn’t err in admitting a teen’s confession, finding the boy was given the opportunity for meaningful consultation with his mother and that he knowingly waived his rights. The justices did also emphasize that the waiver used should be altered to make it more clear.

D.M. was arrested for breaking into a neighbor’s home. D.M. was in custody in a police car in front of the home for about two hours before his mother got there. She said police told her that she couldn’t speak to her 13-year-old son until she signed a waiver form. She also claimed it was a hostile environment as firefighters on the scene were glaring at her because the neighbor worked as a firefighter.

A police detective took the mother and son to his car and told them D.M.’s rights, reading from a “juvenile waiver” form. D.M. and the mother signed the top part of the form, and then had a few minutes alone in the back of the detective’s car to talk. The detective came back and asked if they were done talking. The mother said yes, so the detective read them the waiver-of-rights section at the bottom of the waiver form and they signed it. D.M. then confessed in detail.

D.M. objected to the admission of his confession at the fact finding hearing alleging he committed what would be burglary and theft if committed by an adult. The juvenile court found the allegations in the petition to be true. The Indiana Court of Appeals upheld the decision 2-1 in a not-for-publication opinion.

The justices agreed in D.M. v. State, No. 49S02-1101-JV-11, that the confession was admissible. They found based on the record that the actual procedure utilized was sufficient to remedy any prior ambiguity and that D.M.’s rights weren’t waived after he was given a chance to speak to his mother. D.M. and his mother were alone in the car and no one could hear their conversation. The detective didn’t begin the interrogation until the mother and son had signed the waiver.

They found the atmosphere wasn’t intimidating for meaningful conversation, as the mother and D.M. had argued. The justices also agreed that D.M. had knowingly, intelligently, and voluntarily waived his rights. They affirmed the finding that D.M. was a delinquent child for committing what would be felonies if committed by an adult.

The Supreme Court also discussed clarifying the wavier form used in this case so that it would give clearer guidance. The form says “My parents and/or legal guardian and I have been allowed time by ourselves without the presence of a police officer to discuss the waiver of my rights before signing the waiver of rights.” Justice Frank Sullivan suggested it would be better to change the tense to say “… and I will be allowed time by ourselves …” They also believed the style and presentation of the form was deficient and suggested changing the title from “JUVENILE WAIVER” to “Juvenile and Parent (or Guardian) Advisement & Waiver of Rights.” The form could also more clearly indicate the parent’s role in waiving the juvenile’s rights.

Justice Robert Rucker concurred in result.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT