Doe

United States v. Doe

Good Law
111 F. App'x 500
United States Court of Appeals for the Ninth CircuitOctober 7, 2004No. 03-30575; D.C. No. CR-03-00108-GF/SEHCalifornia531 words

Opinion

Lead Opinion

MEMORANDUM *

John Doe was convicted of aiding and abetting the stabbing of another juvenile. He appeals the denial of his motion to suppress in the district court. He also claims that the district court’s decision that he committed an act of juvenile delinquency was based on insufficient evidence. We review de novo both the district court’s denial of the motion to suppress, United States v. Vargas-Castillo, 329 F.3d 715, 722 (9th Cir.2003), and its determination of sufficient evidence, United States v. Antonakeas, 255 F.3d 714, 723 (9th Cir.2001).

On April 11, 2003, John Doe allegedly aided and abetted another juvenile in a stabbing. After finding the murder weapon on Doe the next day, Officer Boyd interviewed Doe, in the presence of his guardian, without advising him of his Miranda rights. Boyd promised him that day that he would not be arrested. He conducted a second interview with him on April 14, again without Miranda warnings. Boyd, accompanied by Agent Morton, interviewed Doe a third time on May 9. This time, Morton advised Doe and his guardian of his Miranda rights. In this interview, the officers questioned Doe about his alleged accomplice’s version of the events…

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