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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

ADVERTISEMENT