United States v. Lavon Wilson

Lavon Wilson appeals a conviction following a conditional plea of guilty (pursuant to Fed.R.Crim.P. 11(a)(2)) to second-degree murder on an Indian reservation in violation of 18 U.S.C. §§ 1111 and 1153 (1982). Wilson entered his plea on the condition that he retain his right to appeal the district court’s denial of his motion to suppress statements made by him to law enforcement officials. Wilson now seeks reversal on' the ground reserved.

On the afternoon of May 9, 1985, the Navajo Police Department received a call regarding an unconscious child at the Public Health Service Hospital. At about 4:30 p.m., Officer Thompson was dispatched to the hospital and was joined shortly thereafter by Sgt. Hawkins and Officer Anderson.

The child, Melvin Wilson, was unconscious. His condition was critical. The officers interviewed the child’s mother, Elta Yazzie, who told them that her common law husband, Lavon Wilson, had spanked the child with a shoe. She told the officers that Lavon was at home.

Following federal guidelines requiring Indian Police departments to notify the FBI about any homicides or serious assaults, Sgt. Hawkins immediately contacted Agents Babcock and Coffman in the…