C.L.M. v. State
C.L.M. v. State
Opinion of the Court
OPINION
Case Summary
C.L.M., who was nine years old at the relevant time, appeals his adjudication as a delinquent child for committing what would have constituted Class C felony child molesting if committed by an adult for touching or fondling his three-year-old
Facts and Procedural History
Sheila Bradley (“Sheila”) is the mother of C.L.M., W.B., and A.B.
A child advocacy team was assembled for the purpose of interviewing the family about the incident. Team members included an investigator from the prosecutor’s office, Department of Child Services caseworker Karena Hernandez, and Detective Mel Hunnicutt from the Huntington City Police Department. On May 23, Caseworker Hernandez left a message for Sheila to bring her children to the Child Advocacy Center the following morning for an interview. When Caseworker Hernandez had not received confirmation from Sheila, Detective Hunnicutt went to Sheila’s house to make sure that she and the children were going to show up for the interview.
On the morning of May 24, Sheila brought her children to the Child Advocacy Center for an interview. Upon arrival, Sheila was informed about the purpose of the interview—to investigate allegations of child molesting'—and how the process was going to work, and Sheila told them what she had witnessed at her home that day. Detective Hunnicutt then interviewed C.L.M. alone. During this interview, Detective Hunnicutt told C.L.M. that there were allegations that C.L.M. had touched A.B. inappropriately, and C.L.M. responded that it was A.B.’s idea that they “hump[].” Id. at 150. C.L.M. also made some vague allegations that his stepbrothers had attempted to molest him in the past. After W.B. and A.B. were interviewed about the incident, Detective Hun-nicutt interviewed C.L.M. alone for a second time to address some inconsistencies in the children’s statements and to further explore C.L.M.’s allegations that his stepbrothers had attempted to molest him in the past. During this second interview,
On July 5, 2006, the State filed a Petition Alleging Delinquency alleging that C.L.M. was a delinquent child for committing what would have constituted Class C felony child molesting
Discussion and Decision
C.L.M. raises two issues on appeal, one of which we find dispositive.
In Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), the United States Supreme Court held that when law enforcement officers question a person who has been “taken into custody or otherwise deprived of his freedom of action in any significant way,” the person must first “be warned that he has a
Here, after receiving a phone call from a Department of Child Services caseworker and a home visit from a police officer, Sheila brought her children to the Child Advocacy Center for the purpose of investigating allegations of child molesting. After Sheila told them what she had witnessed at her home that day, Detective Hunnicutt interviewed C.L.M., who was nine years old at the time, alone twice. It is undisputed that C.L.M. was neither read his Miranda rights nor given an opportunity to consult with his mother before either of the interviews. Although C.L.M. was never told that he was under arrest or in custody, he was never told that he was not under arrest or not in custody or that he was free to leave, either. At one point during the interview process, C.L.M. indicated that he did not want to talk anymore. However, Detective Hunnicutt did not tell C.L.M. that he was free to leave at that point but instead changed the topic of discussion.
Under these circumstances, we conclude that a reasonable person in similar circumstances would not believe that he was free to leave. C.L.M. was nine years old, was driven to the Child Advocacy Center by his mother after a police officer came to their house to ensure their attendance at the interview, was never told that he was free to leave, and was interviewed alone on two separate occasions by that same police officer regarding allegations that he mo
Nevertheless, the State argues that statements obtained in violation of Miranda are subject to harmless error analysis. See Kelley v. State, 825 N.E.2d 420, 428 (Ind.Ct.App. 2005). When determining whether an error is harmless, our review is de novo, and the error must be harmless beyond a reasonable doubt. Id. at 428-29. The State must show that the admission of evidence did not contribute to the conviction. Id. at 429. To say that an error did not contribute to a conviction is to conclude that the error is unimportant in relation to everything else considered by the trial court on the issue in question, as revealed in the record. Id.
Here, Sheila testified at the fact-finding hearing that on the day in question, she walked into the living room of her home to find C.L.M. sitting on the couch with A.B. lying on top of his stomach. Both children had their underwear on, but A.B. had her pants pulled down to her knees, and C.L.M. had his pants pulled down to his thighs. C.L.M. had his hands on A.B.’s hips and was pushing A.B. down. Sheila did not see their “private areas touching.” Tr. p. 142. C.L.M., however, told Detective Hunnicutt that he and A.B. were “humping,” he initiated the contact with A.B., and he touched A.B.’s “crotch” with his hand. To have C.L.M. adjudicated a delinquent child for committing an act that would have constituted Class C felony child molesting if committed by an adult, the State was required to prove that C.L.M. performed or submitted “to any fondling or touching” with “intent to arouse or to satisfy the sexual desires of either” A.B. or himself. See I.C. § 35-42-4-3. Given the incriminating nature of C.L.M.’s statements to Detective Hunni-cutt, the State has not shown that the admission of the statements was unimportant in relation to everything else considered by the trial court on the issue in question. We therefore reverse C.L.M.’s adjudication as a delinquent child for committing what would have constituted Class C felony child molesting if committed by an adult.
Reversed.
. We note that C.L.M.’s Statement of Facts consists only of two sentences, which he quotes from the Petition Alleging Delinquency. Pursuant to Indiana Appellate Rule 46(A)(6), the Appellant's Statement of Facts “shall describe the facts relevant to the issues presented for review,” "shall be supported by page references,” and "shall be stated in narrative form.”
. C.L.M. has a different father than W.B. and A.B.
. Ind.Code § 35-42-4-3(b).
. The CCS indicates that the trial court entered “Findings and Order on Motion to Suppress.” Appellant's App. p. 184 (November 3, 2006, entry). However, C.L.M. did not include the Findings and Order in his appendix. As for the items that C.L.M. did include in his 186-page appendix, C.L.M. listed them in the Table of Contents as "The Clerks Record, Including the Chronological Case Summary.” Indiana Appellate Rule 50(C) provides, "A table of contents shall be prepared for every Appendix. The table of contents shall specifically identify each item contained in the Appendix, including the item's date.” C.L.M.’s failure to specifically identify each item contained in his appendix has hindered our review on appeal.
. Once again, the CCS indicates, "Court having heard evidence at fact finding hearing on the 14th day of November 2006 and having taken the matter under advisement now enters Court Order.” Appellant's App. p. 184 (November 22, 2006, entry). However, C.L.M. did not include the Court Order in his appendix.
. C.L.M. also argues that the evidence is insufficient to support his adjudication because his expert testified at the fact-finding hearing that because of his age, he could not form the cognitive intent to satisfy his sexual desires. Given our resolution of the Miranda issue, we need not address this issue.
. Although this statute is not at issue in this case because C.L.M. was never given a Miranda warning and therefore did not have an opportunity to even waive his Miranda rights, Indiana Code § 31-32-5-1 provides:
Any rights guaranteed to a child under the Constitution of the United States, the Constitution of the State of Indiana, or any other law may be waived only:
(1) by counsel retained or appointed to represent the child if the child knowingly and voluntarily joins with the waiver;
(2) by the child's custodial parent, guardian, custodian, or guardian ad litem if:
(A)that person knowingly and voluntarily waives the right;
(B) that person has no interest adverse to the child;
(C) meaningful consultation has occurred between that person and the child; and
(D) the child knowingly and voluntarily joins with the waiver; or
(3)by the child, without the presence of a custodial parent, guardian, or guardian ad litem, if:
(A) the child knowingly and voluntarily consents to the waiver; and
(B) the child has been emancipated under IC 31-34-20-6 or IC 31-37-19-27, by virtue of having married, or in accordance with the laws of another state or jurisdiction.
Reference
- Full Case Name
- C.L.M., Appellant-Defendant v. STATE of Indiana, Appellee-Plaintiff
- Cited By
- 10 cases
- Status
- Published