Supreme Court of Delaware
Smith v. State of Delaware, 43, 2006
In juvenile proceedings raising the issue of whether a statement given to the police by a mildly mentally retarded juvenile was admissible at his delinquency trial, a judgment of delinquency is reversed and remanded for a new trial where, considering all of the circumstances, including the juvenile's mental limitations and the fact that his mother was not with him during the interview, his Miranda waiver was not knowing.
Appellate Information
- Decided 02/21/2007
- Published 02/21/2007
Judges
- BERGER, Justice:, Before HOLLAND, BERGER, JACOBS and RIDGELY, Justices, and NOBLE, Vice Chancellor, constituting the Court en Banc.
Court
- Supreme Court of Delaware
Counsel
- For Appellant:
- F. Phillip Renzulli, Office of the Public Defender, Wilmington, DE, for Appellant.
- For Appellees:
- John R. Williams, Department of Justice, Dover, DE, for Appellee.