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Children and Juvenile Law, Keyed to Abrams, 8th Ed.
In re Joseph H.
Citation:
367 P.3d 1 (2015)Facts
Joseph H., a 10-year-old child with ADHD and low-average intelligence, shot and killed his sleeping father. During a custodial interrogation at the police station, Detective Roberta Hopewell conducted a video-recorded interview with Joseph sitting next to his stepmother, Krista McCary, whose husband Joseph had killed. Detective Hopewell was courteous and not overbearing during the interview. She informed Joseph of his Miranda rights, explaining each right and asking if he understood. Joseph’s stepmother sat silently throughout the advisement and did not provide any advice or guidance. Joseph purportedly indicated understanding of his rights and agreed to speak with the detective, subsequently confessing to the killing. The Court of Appeal found this waiver valid despite Joseph’s young age, ADHD diagnosis, and cognitive limitations.
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