In re T.B., 2016 Ohio 575

Juvenile appellant T.B. was held on unrelated charges when Detective Jeff Moore investigated thefts of firearms, an ATV, and a dirt bike from his mother’s home; items were later located at another residence.
Detective Moore first visited on Sept. 2 (T.B. denied involvement). On Sept. 16 counsel met Moore and told him T.B. did not wish to speak; no interview occurred.
On Sept. 29, after learning from the prosecutor that T.B. was no longer represented, Moore Mirandized T.B. and obtained a written confession following some deceptive statements by the detective.
A juvenile complaint charging burglary (R.C. 2911.12(A)(2)) and two counts of theft (R.C. 2913.02(A)(1)) was filed Oct. 10. T.B. moved to suppress the Sept. 29 statements; the juvenile court denied the motion.
After a bench trial T.B. was adjudicated delinquent on all counts and committed to the Ohio Department of Youth Services for 18 months (concurrent six-month theft commitments consecutive to a one-year burglary commitment).
T.B. appealed, raising three assignments: (1) Miranda waiver involuntary/invalid; (2) insufficient evidence for burglary; (3) failure to appoint guardian ad litem.

Issue	Plaintiff's Argument (State)	Defendant's Argument (T.B.)	Held
Validity of Sept. 29 Miranda waiver / admissibility of confession	Waiver was knowing, intelligent, and voluntary; prosecutor told detective T.B. had no counsel and Moore Mirandized him before questioning	Waiver invalid because T.B. had earlier invoked right to counsel (Sept. 16) and was reinterrogated; statements were involuntary and obtained via deception	Court upheld admission: no anticipatory invocation of counsel as to these charges; waiver valid and deception not coercive
Sufficiency of evidence for burglary (occupied structure; person present or likely present; trespass)	Evidence showed T.B. lacked permission to be in home at time of thefts; mother regularly inhabited the dwelling but was temporarily absent; confession supports theft counts	Argues no trespass because he lived at the property with his mother and thus had permission; disputes elements	Court found evidence sufficient for burglary and theft convictions; conviction not against sufficiency standard
Requirement to appoint guardian ad litem	No appointment required because no actual conflict shown; T.B. was represented by counsel and was 18 at trial	Court failed to appoint GAL despite potential conflict between parent (victim) and child; juvenile rules/statute require GAL when interests may conflict	Court ruled no abuse of discretion: record showed no actual conflict, counsel adequate, no GAL required under facts

Edwards v. Arizona, 451 U.S. 477 (1981) (once right to counsel asserted, interrogation must cease)
Michigan v. Mosley, 423 U.S. 96 (1975) (distinguishes requests to remain silent from requests for counsel for Miranda purposes)
Fare v. Michael C., 442 U.S. 707 (1979) (discusses invocation of Miranda rights and counsel)
Rhode Island v. Innis, 446 U.S. 291 (1980) (defines interrogation and scope of Miranda protections)
Miranda v. Arizona, 384 U.S. 436 (1966) (custodial interrogation warnings and waiver requirements)
Ornelas v. United States, 517 U.S. 690 (1996) (de novo review for certain Fourth Amendment determinations; cited for de novo standard in related suppression review)
McNeil v. Wisconsin, 501 U.S. 171 (1991) (discusses anticipatory invocation of right to counsel)
State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for reviewing sufficiency of the evidence)
State v. Parker, 44 Ohio St.2d 172 (1975) (government bears heavy burden to prove Miranda waiver was knowing and voluntary)
Kilby v. State, 50 Ohio St.2d 21 (1977) (occupied dwelling burgled while family temporarily absent supports aggravated burglary)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (defines abuse of discretion standard)