Riley, Matter of
| Decision Date | 19 April 1983 |
| Docket Number | No. 8214DC634,8214DC634 |
| Parties | In the Matter of Tony Vensen RILEY, Juvenile. |
| Court | North Carolina Court of Appeals |
Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Isham B. Hudson, Jr., Raleigh, for the State.
Lipton & Mills by William S. Mills, Durham, for defendant-appellant.
This juvenile proceeding was heard on a petition alleging that the juvenile was delinquent in that he was guilty of felonious breaking and entering.
Over respondent's objections, the State was allowed to offer evidence of a statement made by respondent during custodial interrogation. The statement was received without any findings as to whether the respondent had waived his rights.
G.S. 7A-595 sets out mandatory procedures which must be followed when a juvenile is interrogated by a law enforcement officer. G.S. 7A-595(d) provides: "Before admitting any statement resulting from custodial interrogation into evidence, the judge must find that the juvenile knowingly, willingly, and understandingly waived his rights." (Emphasis added). The statute clearly provides that before any statement flowing from custodial interrogation is admitted the judge must make the required findings. Since this was not done the order is reversed, and the case is remanded for a new hearing.
Reversed and Remanded.
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Wade, Matter of
...flowing from custodial interrogation is admitted the judge must make the required findings." (Emphasis added.) In re Riley, 61 N.C.App. 749, 750, 301 S.E.2d 750, 751 (1983). Prior to the enactment of Sec. 7A-595(d), the courts of this State enunciated well established precepts regarding the......
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Ewing, In re
...waived his juvenile rights prior to admitting any statement made by the juvenile during a custodial interrogation. In re Riley, 61 N.C.App. 749, 301 S.E.2d 750 (1983). Here, the trial court found as [T]hat these rights were explained in detail to the juvenile in his mother's presence and th......
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Young, Matter of
...were doing." This statement, however, relates only to respondent's waiver of his rights. See N.C.Gen.Stat. 7A-595(d); In re Riley, 61 N.C.App. 749, 301 S.E.2d 750 (1983). It contains nothing that can be construed as a factual finding that the confession itself was made in the presence of re......
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Myers v. Myers
... ... The prior action is said to involve substantially the same parties, subject matter, issues and relief sought so that a judgment in the first action would support a plea of res judicata in the present action ... The ... ...