D.M. v. State

Thirteen-year old D.M. and his friend were arrested after breaking in to a residence and taking several items of personal property. According to his mother, while D.M. was being held in a police cruiser he was prevented from speaking to his mother by police officers. Later D.M. and his mother signed a juvenile waiver acknowledging they understood D.M.'s rights. D.M. then confessed to a detective. The juvenile court found D.M. to be a delinquent child for committing acts that would have been felonies if they had been committed by an adult and placed D.M. on probation. D.M. appealed, arguing that he had not been given an opportunity for meaningful consultation with his mother and that the waiver of his rights was not knowing and voluntary. The court of appeals affirmed, and the Supreme Court granted transfer. The Court held (1) the police provided D.M. an opportunity for meaningful consultation with his custodial parent before the waiver of his rights, and (2) there is substantial evidence of probative value that D.M.'s rights were waived voluntarily and therefore the court did not err in admitting D.M.'s confession. View "D.M. v. State" on Justia Law