Wade, Matter of
| Decision Date | 17 April 1984 |
| Docket Number | No. 839DC1047,839DC1047 |
| Court | North Carolina Court of Appeals |
| Parties | In the Matter of Reginald Lee WADE, Juvenile. |
Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Jane Rankin Thompson, Raleigh, for the State.
Jackson & Hicks by Alan S. Hicks, Roxboro, for respondent.
Respondent first contends that the trial court erred by failing to suppress the inculpatory statement made by him during an in-custody interrogation. He contends that his statement was not voluntarily given, that he was not advised of his right to have a parent present, and he was not advised of his right to counsel.
During the proceedings, the trial judge conducted a voir dire hearing to determine whether respondent had knowingly, willingly, and understandingly waived his rights. Officer Ramsey testified that he read respondent his juvenile rights, that respondent indicated he understood them, and that respondent "signed an adult waiver form because we did not have any juvenile rights forms at that time...." Respondent, on the other hand, testified that, "...
After voir dire, the trial judge, without making findings of fact, admitted the challenged statement into evidence.
Although juvenile proceedings are not criminal prosecutions, due process rights attach when the violation complained of places the juvenile in danger of confinement. In re Vinson, 298 N.C. 640, 652, 260 S.E.2d 591, 599 (1979). In re Johnson 32 N.C.App. 492, 493, 232 S.E.2d 486, 488 (1977). In addition to their constitutional rights, juveniles have been granted additional rights by our state legislature. N.C.Gen.Stat. Sec. 7A-595 states in pertinent part that:
(a) Any juvenile in custody must be advised prior to questioning:
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(3) That he has a right to have a parent, guardian or custodian present during questioning; ...
(4) That he has a right to consult with an attorney and that one will be appointed for him if he is not represented and wants representation.
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(d) Before admitting any statement resulting from custodial interrogation into evidence, the judge must find that the juvenile knowingly, willingly, and understandingly waived his rights.
Section 7A-595(d) of this statute "clearly provides that before any statement 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 admissibility of challenged confessions. Our Supreme Court stated in State v. Lynch, 279 N.C. 1, 181 S.E.2d 561 (1971):
[i]f, on voir dire, there is conflicting testimony bearing on the admissibility of a confession, it is error for the judge to admit it upon a mere statement of his conclusion that the confession was freely and voluntarily made. In such a situation the judge must make specific findings so that the appellate court can determine whether the facts found will support his conclusions.
Id. at 14-15, 181 S.E.2d at 570. Accord State v. Riddick, 291 N.C. 399, 408, 230 S.E.2d 506, 512 (1976). State v. Silver, 286 N.C. 709, 720, 213 S.E.2d 247, 254 (1975). When, as in this case, no findings or conclusions were made prior to admitting the challenged confession, it is error for the trial judge to admit the confession without making specific findings of fact. In re Riley, 61 N.C.App. 749, 750, 301 S.E.2d 750, 751 (1983). G.S.Sec. 7A-595(d).
Respondent further assigns as error, the trial court's failure to find facts sufficient to support its determination of delinquency. He argues that the trial judge's failure to state the standard of proof used in making the determination of delinquency constitutes reversible error. The court found as follows:
Facts
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