Case Summaries -- North Carolina Court of Appeals (July 6, 2021)

This post summarizes published criminal and related decisions released by the North Carolina Court of Appeals on July 6, 2021. Summaries are also posted to Smith's Case Compendium, here. Juvenile’s confession was voluntary, but trial court reversibly erred in failing to consider the juvenile’s age when determining custody status for purposes of Miranda and G.S. 7B-2101 In re: J.D.F., ___ N.C. App. ___ (July 6, 2021). In this Iredell Co. case, a thirteen-year-old juvenile was brought to the Sheriff’s Department for an interview regarding the sexual abuse of his nine-year-old cousin. The juvenile’s aunt had custody of the juvenile, and her partner drove the juvenile to the interview. The interview took place in an interview room with a detective and the aunt’s partner and was recorded. The juvenile was unrestrained and was told he would be allowed to go home that day. He initially denied any sexual contact but admitted to having received oral sex from his cousin approximately thirty minutes into the interview after prompting from the detective that it was the juvenile’s last chance to be truthful. The juvenile signed a statement to that effect, acknowledging that his statement was given voluntarily. A delinquency petition for first-degree sexual offense was filed. The juvenile moved to suppress, arguing his statement was not voluntary, that he did not receive a Miranda warning, and that the procedures for minor interrogations under G.S. 7B-2101 were not followed. The district court denied the motion. The juvenile then entered an Alford admission of responsibility and [...]