Walter Winchell

Walter Winchell

Saturday, August 11, 2007

The Age of Winchell: The Age of Winchell: "Middle-Aisled", "got storked," or had a "blessed event," or a "bundle from heaven" "if the baby had not yet

The Age of Winchell: The Age of Winchell: "Middle-Aisled", "got storked," or had a "blessed event," or a "bundle from heaven" "if the baby had not yet arrived the couple w

13 See, e.g., N.M. Stat. Ann. § 32A-2-14(C) (Michie 1999) (juvenile must be advised of rights and waiver obtained before questioning); W. Va. Code § 49-5-2-(l) (2001) (extrajudicial statements made by child under age 14 "to law-enforcement officials" inadmissible unless made "in the presence of the juvenile's counsel"; statements made by child between 14 and 16 inadmissible unless made in the presence of counsel or made in the presence of, and with the consent of, parent or custodian who has been informed of child's rights).

14 See Colo. Rev. Stat. § 19-2-511(1) (2001) (with limited exceptions, statement made by juvenile as a result of custodial interrogation inadmissible unless parent, guardian, or counsel was present and was advised of juvenile's rights); Conn. Gen. Stat. Ann. § 46b-137(a) (West 1995 & Supp. 2003) (statements inadmissible "unless made by such child in the presence of his parent," after both were advised of their rights); see also State v. Ledbetter, 818 A.2d 1 (Conn. 2003) (statute inapplicable when child prosecuted as adult); N.C. Gen. Stat. § 7B-2101(b) (2001) (statement by child under age 14 inadmissible unless made in the presence of attorney or parent or guardian who has been advised of minor's rights); Okla. Stat. Ann. tit. 10, § 7303-3.1(A) (West 1998) (statement of child under age 16 taken while in custody inadmissible unless made in presence of parent, guardian, adult relative, or attorney, after being informed of child's rights).

15 See Mont. Code Ann. § 41-5-331 (2001) (when child taken into custody, must be advised of rights and parents informed; child under 16 may waive right to silence or to counsel only with agreement of parent, guardian, or counsel); Ind. Code Ann. § 31-32-5-1 (Michie 1997) (waiver only by counsel or by parent or guardian with child after "meaningful consultation"); Iowa Code § 232.11(2) (West 2000) (with certain exceptions, child under 16 may waive right to counsel only with written consent of parent or guardian; child 16 or older may waive only after good-faith effort to notify parent or guardian that the child is in custody).

16 N.M. Stat. Ann. § 32A-2-14(F) (Michie 1999) (confessions by child under age 13 are inadmissible; rebuttable presumption that confession of child aged 13 or 14 is inadmissible).

The Age of Winchell: "Middle-Aisled", "got storked," or had a "blessed event," or a "bundle from heaven" "if the baby had not yet arrived the couple w

The Age of Winchell: "Middle-Aisled", "got storked," or had a "blessed event," or a "bundle from heaven" "if the baby had not yet arrived the couple was "infanticipating"

We conclude, upon a careful examination of § 27-20-26, N.D.C.C., that this section imposes a mandatory duty to provide counsel for a child at all stages of the proceedings under the Uniform Juvenile Court Act providing the child is not represented by his parent, guardian, or custodian. Furthermore, we conclude that this right to counsel cannot be waived by a child who is not represented by his parent, guardian, or custodian. See, K.E.S. v. State, 134 Ga.App. 843, 216 S.E.2d 670 (1975). Any other interpretation would be contrary to the clear and unambiguous language of § 27-20-26, N.D.C.C.