359 S.W.3d 275
Tex. App.2012Background
- Michael Herring, sixteen-year-old juvenile certified to be tried as an adult, was charged with aggravated robbery in Bowie County stemming from May 24, 2010.
- Phillips and three friends were robbed at gunpoint by four bandana-clad assailants who fled with valuables including a cell phone.
- Herring was arrested after a patrolman found an AK-47 with a bayonet in a car; Herring fled but was apprehended and handcuffed.
- Herring was interrogated without Miranda warnings given at the scene; detectives later obtained a written statement after magistrate warnings.
- Herring moved to suppress the confession, arguing violations of the Texas Family Code, and the trial court denied suppression.
- The trial court and appellate review addressed whether the confession complied with § 51.095 and whether it was knowingly, intelligently, and voluntarily given.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility under 51.095(a)(1) | Herring argues warnings were improperly given and officers were present during warnings. | State asserts warnings and waiver complied with statute and voluntariness standards. | Confession admissible; warnings proper and magistrate certification not required to be alone with juvenile. |
| Voluntariness under totality of the circumstances | Herring contends coercion due to age, mental health, and interrogation conditions. | State contends waiver was knowing and voluntary based on totality of circumstances. | Confession voluntary; trial court's credibility determinations upheld. |
| Magistrate signature/verification omissions | Omissions on magistrate’s verification form undermine voluntariness finding. | Omissions were clerical; waiver was nonetheless knowing and voluntary. | Omissions did not render confession inadmissible; voluntariness sustained. |
| Preservation of challenge to handwriting of confession | Must be in declarant's handwriting; not preserved for review. | Requests under § 52.02 and handwriting theory not preserved or argued. | Not preserved for appellate review; overruled. |
Key Cases Cited
- Griffin v. State, 765 S.W.2d 422 (Tex. Crim. App. 1989) (totality of circumstances in voluntariness evaluation)
- Darden v. State, 629 S.W.2d 46 (Tex. Crim. App. [Panel Op.] 1982) (coercion and voluntariness assessment standard)
- Guzman v. State, 955 S.W.2d 85 (Tex. Crim. App. 1997) (application of law to mixed fact questions; credibility when evaluating voluntariness)
- L.M. v. State, 993 S.W.2d 276 (Tex. App.—Austin 1999) (juvenile warnings admissibility under § 51.095)
- Graves v. State, 307 S.W.3d 483 (Tex. App.—Texarkana 2010) (standard of review in suppression rulings; bifurcated approach)