{ "id": 8550341, "name": "IN THE MATTER OF: DENNIS PAUL MELLOTT", "name_abbreviation": "In re Mellott", "decision_date": "1975-09-17", "docket_number": "No. 7512DC412", "first_page": "81", "last_page": "83", "citations": [ { "type": "official", "cite": "27 N.C. App. 81" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "180 S.E. 2d 140", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1971, "opinion_index": 0 }, { "cite": "278 N.C. 351", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8560496 ], "year": 1971, "opinion_index": 0, "case_paths": [ "/nc/278/0351-01" ] } ], "analysis": { "cardinality": 321, "char_count": 5158, "ocr_confidence": 0.56, "pagerank": { "raw": 5.4033266686372354e-08, "percentile": 0.34065152060988885 }, "sha256": "5ce2ea4edbd2d0f4aedcdde080d2c2508ec4eefa8b8c2ecef74f2fc8543610cc", "simhash": "1:342994e73c6f3fac", "word_count": 875 }, "last_updated": "2023-07-14T22:44:36.927205+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges Parker and Arnold concur." ], "parties": [ "IN THE MATTER OF: DENNIS PAUL MELLOTT" ], "opinions": [ { "text": "BROCK, Chief Judge.\nRespondent urges this Court to adopt a rule that would prohibit the use of extrajudicial statements of a juvenile unless made in the presence of a parent or counsel, and after all of them had been advised of the juvenile\u2019s Miranda rights.\nRespondent argues in his brief that he is only twelve years of age. However, the only finding or intimation of respondent\u2019s age in the record on appeal is that respondent is less than sixteen years of age. Be that as it may, we adhere to the principles approved in State v. Dawson, 278 N.C. 351, 180 S.E. 2d 140 (1971). \u201c[A] minor has the capacity to make a voluntary confession, even of capital offenses, without the presence or consent of counsel or other responsible adult, and the admissibility of such a confession depends not on his age alone but on a combination of that factor with such other circumstances as his intelligence, education, experience, and ability to comprehend the meaning and effect of his statement.\u201d \u201cThe correct test of the admissibility of a confession is whether the confession was, in fact, voluntary under all the circumstances of the case.\u201d\nThe record on appeal in this case contains the following summation : \u201c (At this point the court examined Deputy Goins concerning the procedure that he used in advising each of the three boys of their Miranda rights prior to questioning. Deputy Goins testified that all three were fully warned and each advised the deputy that they understood their rights.)\u201d Respondent offered no evidence upon the voluntariness of his confession to Deputy Goins. If respondent felt there was evidence tending to show a lack of voluntariness of his confession, whether such lack of voluntariness stemmed from his age or otherwise, surely he would have included it in the record on appeal for our review. We find no suggestion of circumstances surrounding the interrogation which would tend to render respondent\u2019s confession, inadmissible.\nRespondent\u2019s assignment of error to the refusal of the trial judge to dismiss the petition is without merit.\nAffirmed.\nJudges Parker and Arnold concur.", "type": "majority", "author": "BROCK, Chief Judge." } ], "attorneys": [ "Attorney General Edmisten, by Robert R. Reilly, Associate Attorney, for the State.", "John A. Decker, Assistant Public Defender, for the respondent." ], "corrections": "", "head_matter": "IN THE MATTER OF: DENNIS PAUL MELLOTT\nNo. 7512DC412\n(Filed 17 September 1975)\nCriminal Law \u00a7 76\u2014 statements of minor \u2014 test of admissibility\nA minor has the capacity to make a voluntary confession, even of capital offenses, without the presence or consent of counsel or other responsible adult, and the admissibility of such a confessison depends not on his age alone but on a combination of that factor with such other circumstances as his intelligence, education, experience, and ability to comprehend the meaning and effect of his statement.\nAppeal by respondent from Guy, Judge. Juvenile adjudication order and juvenile disposition order entered 11 February 1975 in District Court, Cumberland County. Heard in the Court of Appeals 2 September 1975.\nRespondent was charged in a juvenile petition with being a delinquent child in that he shot out the rear glass of a camper truck owned by one Robert Wells.\nDeputy Clyde Goins, Cumberland County Sheriff\u2019s Department, a witness for the State, testified that he was called, on December 19, 1974, to the home of Mr. Robert Wells in Fayette-ville to investigate a complaint about some windows at the Wells\u2019 home that had been \u201cshot out.\u201d As a result of his investigation, Deputy Goins went to the homes of Dennis Mellott, Anglish Jacobs, and Ronald Jacobs and took them into custody for questioning. After the deputy advised each of the boys of his Miranda rights, Anglish Jacobs admitted shooting at the picture window at the Wells\u2019 home, and Dennis Mellott stated that he had shot at the camper window of a pickup parked in Mr. Wells\u2019 driveway.\nMr. Robert Wells testified that on the evening of December 19, 1974, he heard some glass breaking in his house; that Deputy Goins came to his home later to investigate the matter; and that he did not see Dennis Mellott in the vicinity of his home that evening.\nAnglish Jacobs testified that after school got out on the day in question, he, Dennis Mellott, and Ronald Jacobs went hunting; that later, after it began to get dark, Dennis, Ronald, and Anglish went out and crawled to the crest of a sand bank near the home of Robert Wells; that the sand bank was located approximately fifty yards from the Wells\u2019 home; that Anglish had a B.B. gun, and Dennis had a pellet gun; that Anglish shot at the picture window of the Wells\u2019 house, and then saw Dennis shoot the pellet gun at'the camper window; that he does not remember how many shots were fired or how many shots he heard.\nDennis Paul Mellott testified on his own behalf that he went hunting with Anglish and Ronald Jacobs after school on the day in question; that when it started to get dark, they went back to the Jacobs\u2019 house; that Mellott left and went to Randy Oxendine\u2019s house where he shot Randy\u2019s B.B. gun in his back yard for a while, and then went home.\nRespondent was placed on probation for a period of two years in the custody of his mother.\nAttorney General Edmisten, by Robert R. Reilly, Associate Attorney, for the State.\nJohn A. Decker, Assistant Public Defender, for the respondent." }, "file_name": "0081-01", "first_page_order": 109, "last_page_order": 111 }