N.B. v. State of Indiana, 971 N.E.2d 1247

N.B., 11, and A.F., 6, brothers, lived with Mother, Step-Father, a sister and a younger brother in Morgan County; N.B. had previously pointed a firearm at siblings to scare them.
On June 30, 2011, N.B. retrieved a loaded .22 rifle and shot A.F. in the head when A.F. refused to clean their room; A.F. died from the wound.
Detective Downing interviewed N.B. briefly at the scene, then re-interviewed him at a child advocacy center; N.B. again claimed A.F. shot himself.
A latent fingerprint and cartridge evidence tied to N.B.’s left hand and to the box of cartridges were found; autopsy showed self-inflicted firing was physically impossible.
N.B. signed a rights waiver before a prolonged opportunity for meaningful consultation with his Mother and other family members; the State filed a delinquency petition alleging Reckless Homicide, and the juvenile court adjudicated delinquency for that act.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether N.B. was subjected to custodial interrogation	State contends interrogation occurred; custody analysis unnecessary for waiver validity	N.B. argues custodial interrogation requires Miranda and waiver safeguards	Interrogation occurred; custody need not be resolved to address waiver safeguards
Whether the procedural safeguards of the juvenile waiver statute were followed	State asserts safeguards satisfied and waiver voluntary	N.B. argues waiver process was defective and not knowingly/voluntarily made	Record supports knowing, voluntary waiver after meaningful consultation; waiver valid
Whether Mother was an appropriate custodian to join in the waiver	State contends no adverse interest; Mother could join in waiver	N.B. claims Mother's potential liability created adverse interest	Mother did not have an adverse interest; waiver valid despite parental involvement
Whether implied waiver after meaningful consultation suffices when the written waiver occurred earlier	Waiver can be implied after consultation if voluntary	Written waiver alone insufficient; must show explicit or implied later waiver	N.B. impliedly waived rights after meaningful consultation; waiver knowing and voluntary

A.A. v. State, 706 N.E.2d 259 (Ind. Ct. App. 1999) (custodial interrogation threshold for juveniles)
D.M. v. State, 949 N.E.2d 327 (Ind. 2011) (juvenile waiver statute framework; four safeguards)
Brown v. State, 751 N.E.2d 664 (Ind. 2001) (waiver analysis and meaning of knowing, voluntary waiver)
Lewis v. State, 259 Ind. 431, 288 N.E.2d 138 (Ind. 1972) (opportunity for meaningful consultation with parent)
Moran v. Burbine, 475 U.S. 412 (U.S. 1986) (totality of circumstances in evaluating waivers)
Crain v. State, 736 N.E.2d 1223 (Ind. 2000) (totality of circumstances in voluntariness review)
Fare v. Michael C., 442 U.S. 707 (U.S. 1979) (juvenile waiver totality of circumstances standard)
Hall v. State, 264 Ind. 448, 346 N.E.2d 584 (Ind. 1976) (meaningful consultation in the absence of police pressure)
Trowbridge v. State, 717 N.E.2d 138 (Ind. 1999) (private atmosphere for meaningful consultation)
Patton v. State, 588 N.E.2d 494 (Ind. 1992) (consultation enables informed waiver decision)
Whipple v. State, 523 N.E.2d 1363 (Ind. 1988) (consultation with a concerned guardian can support waiver)
Borum v. State, 434 N.E.2d 581 (Ind. Ct. App. 1982) (guardian/adverse-interest analysis not applicable here)
K.S. v. State, 849 N.E.2d 538 (Ind. 2006) (parent as custodian does not automatically create adverse interest)
Borum v. State, 434 N.E.2d 581 (Ind. Ct. App. 1982) (guardian adverse-interest ruling relevant to waiver)