In re M. D. J.
In re M. D. J.
Opinion of the Court
Appellant, a juvenile, was petitioned on a charge of attempted second degree burglary
On January 4, 1974, at 9:40 a. m., appellant was arrested by police officers responding to a call reporting that a person was breaking into premises located at 123 48th Place, N.E. He was read his Miranda
Appellant initially sought to explain his presence at the scene by saying he had been looking for a friend. After approximately ten minutes of interrogation, however, he made certain inculpatory statements. Detective Ragsdale’s uncontrovert-ed testimony was that: “I asked was he going to break in and he said ‘Yes.’ I said ‘Why?’. He said it was because he quit school and needed money.” Appellant was then taken to the Youth Division office where, at 11:06 a. m. and in the presence of an older brother in whose custody he was to be released, he was informed of his rights a third time. It was at that interview that appellant signed a P.D. 47 “rights card” indicating that he did not want to answer any questions and that he wished to have an attorney present during questioning.
We recognize that our review of a purported waiver of constitutional rights is limited to a determination of whether the trial court’s decision has substantial support in the evidence.
Thus framed, the issue of whether appellant knowingly and intelligently waived his constitutional rights essentially turns on an evaluation of his credibility and we see no indication that the trial judge erred in rejecting appellant’s assertion that he did not understand his rights.
Similarly, the issue of improper inducement depends on an assessment of appellant’s credibility. His testimony was that while no promise of immunity was made concerning the specific offense to which he confessed, Detective Ragsdale had said that: “If I told him where the things were hidden he would help me get out of all this trouble.” As noted supra, however, Ragsdale testified that the offer of immunity was not made with respect to the instant case and again, we discern no error in the trial judge’s choice of whom to believe.
We are mindful that great care must be taken to insure that a juvenile’s uncounseled statement is voluntary.
With respect to appellant’s contention that he should have been allowed to fill out a waiver form before his interrogation, it would appear that if such forms are to be utilized it would be the better practice to have them completed before questioning a suspect. A waiver need not be in writing, however, in order for it to be valid.
Appellant’s second assignment of error is that the trial court refused to recuse itself from the factfinding hearing which immediately followed the hearing on his motion to suppress. Appellant did not testify at the factfinding hearing and asserts that the court could not disregard evidence of his prior arrests and of his demeanor on the witness stand gained as a result of tes
This court has recently examined and rejected similar contentions raised in an analogous factual situation
The presumption that a trial judge will disregard all irrelevant matters in making his or her adjudication
Affirmed.
. D.C.Code 1973, §§ 22-103, 22-1801 (b).
. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
. United States v. McNeil, 140 U.S.App.D.C. 3, 6-7, 433 F.2d 1109, 1112-13 (1969).
. Rosser v. United Sates, D.C.App., 313 A.2d 876, 878 (1974).
. In re Gault, 387 U.S. 1, 55, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967).
. See Miranda v. Arizona, supra; Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938).
. United States v. Hayes, 385 F.2d 375, 377 (4th Cir. 1967), cert. denied, 390 U.S. 1006, 88 S.Ct. 1250, 20 L.Ed.2d 106 (1968).
. In re W. N. W., D.C.App., 343 A.2d 55 (1975).
. Id. at 58.
. Id.
. Id.
.Appellant’s claim that the petition charging him. with attempted burglary was defective for failing to allege ownership of the premises in question is without merit. The petition satisfied the due process requirement of adequate notice applicable to juvenile proceedings. In re Owult, supra note 5.
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