Commonwealth v. Henderson
Decision Date | 05 June 1979 |
Citation | 266 Pa.Super. 519,405 A.2d 940 |
Parties | COMMONWEALTH of Pennsylvania v. Arnold T. HENDERSON, Appellant. |
Court | Pennsylvania Superior Court |
Argued May 7, 1979.
John R. Merrick, Public Defender, Susan J Gilhooly, Asst. Public Defender, West Chester, for appellant.
Robert C. Houpt, Chief Deputy Dist. Atty., West Chester, for Com appellee.
Before HOFFMAN, EAGEN and HESS, JJ. [*]
Appellant, a juvenile, was found guilty of murder of the first degree by a jury. On this direct appeal, he contends Inter alia [1] that the lower court erred in not suppressing his written statement because he did not knowingly intelligently, and voluntarily waive his Miranda rights. We conclude that this contention is meritorious and, accordingly, reverse and remand for new trial.
Appellant, 15 years old, was arrested on September 3, 1975, and taken to the state police barracks. He arrived there at approximately 2:00 a. m. and gave the statement at approximately 6:00 a. m. Between appellant's arrival and his giving of the statement, police, who knew appellant was a juvenile contacted appellant's parents. The parents refused to go to the barracks. [2] A trooper went to the parents' home where they again refused to go to the barracks where appellant was being held. The trooper explained their son's rights to the parents, and they executed a written waiver. Later, the police advised appellant that his parents were not present and showed him the written waiver. Appellant responded that he had not requested his parents' presence and, after being warned of his rights, waived his Miranda rights and gave police the statement at issue.
Commonwealth v. Smith, 472 Pa. 492, 372 A.2d 797 (1977) controls the instant case. In holding there that a juvenile's waiver cannot be effective absent consultation with an interested adult, our Supreme Court specifically stated:
(footnotes omitted). Id. at 500, 372 A.2d at 801-02.
We conclude from our review of the record that appellant's statement should have been suppressed on the basis of Smith.
Judgment of sentence reversed [3] and case remanded for new trial.
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Notes:
[*] Chief Justice Michael J. Eagen of the Supreme Court of Pennsylvania and Judge Warren K. Hess of ...
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Com. v. Henderson
...405 A.2d 940 ... 266 Pa.Super. 519 ... COMMONWEALTH" of Pennsylvania ... Arnold T. HENDERSON, Appellant ... Superior Court of Pennsylvania ... Argued May 7, 1979 ... Decided June 5, 1979 ... [266 Pa.Super. 521] John R. Merrick, Public Defender, Susan J. Gilhooly, Asst. Public Defender, West Chester, for appellant ... \xC2" ... ...