Justices uphold admitting juvenile's confession

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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.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.