Presented with an appalling set of facts, the North Carolina Supreme Court unanimously upheld the defendant’s convictions for murder, kidnapping, sex offense, and felony child abuse. The majority affirmed a sentence of death. Justice Berger’s concurring opinion, addressing only a Miranda issue, was joined by four other justices, making it “the supplemental opinion of the Court.” Justice Earls dissented with regard to capital punishment, concluding the defendant was entitled to a new sentencing hearing. This post summarizes the 225-page opinion in Richardson.
When does questioning of a middle school student by the principal and in the presence of the school resource officer (SRO) constitute a custodial interrogation? The Court of Appeals of North Carolina issued a decision last week, In re D.A.H. ___ N.C. App. ___, 2021-NCCOA-135 (April 20, 2021), that details the legal analysis necessary to answer this question. The decision reviews the unique characteristics and law related to schoolhouse questioning and identifies seven factors most relevant to determining whether a juvenile is in custody and three factors most relevant to determining whether questioning is an interrogation. The application of this analysis to the facts of the case offers an important takeaway—the legal analysis must focus on an objective reasonable child standard and not on a particular child’s subjective familiarity with an SRO who is regularly present in the school environment.
If you type “miranda” into the search box on this blog, it will return more than 50 posts covering a wide range of related topics: the meaning of custody, deficient warnings, knowing and voluntary waivers, ambiguous assertion of rights, special rules for juveniles, readvising and reinterviewing, public safety exceptions, and many, many others.
But I was stumped recently by a deceptively simple question that I had not heard before, and did not come up in those results: what if the defendant’s lawyer is present? Does an in-custody defendant still have to be advised of his Miranda rights before he can be questioned by police?
I did some digging, and the case law on this issue genuinely surprised me.
Last week, the North Carolina Court of Appeals in State v. Watson (October 18, 2016) ruled that an officer’s erroneous completion of a juvenile waiver of rights form did not bar the admissibility of the juvenile’s confession. This post will discuss North Carolina statutory law concerning juvenile warnings and rights and the Watson ruling.
Generally, custody occurs under Miranda when a suspect is handcuffed even if the suspect is not informed that he or she is under arrest for a crime. However, there are exceptions, as evidenced by the recent North Carolina Court of Appeals ruling in State v. Barnes (July 19, 2016), which is the subject of this post.
Probably the most litigated issue involving Miranda v. Arizona is the meaning of custody under its ruling that requires law enforcement officers to give prescribed warnings when conducting custodial interrogation. My last post (May 24, 2016), available here, discussed the custody issue involving traffic stops. Since then there have been three published North Carolina appellate cases on the custody issue in other contexts, which will be the focus of this post.
The 50th anniversary of the landmark ruling in Miranda v. Arizona, 384 U.S. 436 (1966), will occur in a few weeks on June 13. As everyone knows, the case required a set of warnings and waiver of rights before a statement obtained during custodial interrogation could be introduced during the government’s presentation of its evidence at trial. The case spawned many thousands of appellate cases throughout federal and state courts. And the United States Supreme Court has issued several rulings that have clarified, extended, or confined Miranda’s scope.
This post will briefly review the meaning of custody during traffic stops by focusing on the Supreme Court’s most significant opinion on this issue: Berkemer v. McCarty, 468 U.S. 420 (1984). [For a discussion of all significant aspects of Miranda, see the text on pages 534-52 and case summaries on pages 578-640 of Arrest, Search, and Investigation in North Carolina (4th ed. 2011), and pages 87-89 (text) and 95-100 (case summaries) of the 2015 supplement.]
The United States Supreme Court and North Carolina appellate courts have ruled that a defendant must make an unambiguous request for counsel under Miranda to bar an officer’s custodial interrogation. A week ago, the North Carolina Court of Appeals in State v. Taylor (April 19, 2016), ruled that the defendant did not make an unambiguous request for counsel under Miranda. This post provides the background to this issue and discusses the Taylor ruling.
Nearly five years ago, the U.S. Supreme Court decided J.D.B. v. North Carolina, a case arising from the police interrogation of a middle school student in Chapel Hill. In a 5-4 decision, the Court ruled that police officers must consider a juvenile’s age when determining whether they must read juveniles their Miranda rights before questioning them. The ruling represents a major shift in Miranda jurisprudence by establishing a different standard for evaluating police interrogations of juveniles – the reasonable child standard. In the years since J.D.B., however, lower courts have not clearly defined how the reasonable child standard impacts the assessment of whether a juvenile was “in custody.” The application of this new standard also raises questions about how North Carolina courts evaluate custody determinations in the school setting. These and other issues are addressed in “Applying the Reasonable Child Standard to Juvenile Interrogations After J.D.B. v. North Carolina” (No. 2016/01), a new Juvenile Law Bulletin.