Grant v. People

48 P.3d 543, 2002 WL 1160183
CourtSupreme Court of Colorado
DecidedJune 3, 2002
Docket00SC799
StatusPublished
Cited by34 cases

This text of 48 P.3d 543 (Grant v. People) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grant v. People, 48 P.3d 543, 2002 WL 1160183 (Colo. 2002).

Opinions

Justice KOURLIS

delivered the Opinion of the Court.

We granted certiorari in People v. Grant, 30 P.3d 667 (Colo.App.2000), to interpret the waiver provision of section 19-2-511, 6 C.R.S. (2001) ("juvenile statements statute").1 Seventeen-year-old Jeron Grant spoke with police about a double homicide while his parents waited in a nearby room. Under the statute, such interview is permissible only when the juvenile and his parents expressly waive in writing the statutory requirement of parental presence. Grant's parent signed a waiver, but Grant did not. The statutory phrase "[this express waiver shall be in writ[545]*545ing" in subsection 19-2-511(5) does not direct whether the juvenile must sign such waiver, and we therefore find it ambiguous. After resorting to the tools of statutory construction, we conclude that the legislature never intended written unsigned waivers to be conclusively ineffective. In this case, where the waiver was in writing, bore the signature of a parent, was obtained after full advisement, and was supported by ample evidence that the juvenile consented, we determine that the statutory mandate was satisfied. We therefore affirm the judgment of the court of appeals.

I. Facts

Police arrested Jeron Grant in connection with the murder of two teenage boys. Because Grant was a juvenile, the officers awaited the arrival of his parents at the police station before interviewing . him. When Grant's mother and stepfather arrived, the officers explained the reasons for Grant's arrest and requested permission to question him about the murders. They advised Grant and his parents of the juvenile's Miranda rights. On a printed "Fact Sheet," the officers filled in relevant information, pointed out the Miranda rights that were printed at the bottom, and had both Grant and his parents sign the form after they indicated their understanding.

The officers then began interviewing Grant who denied committing the murders and instead blamed the crime on an individual named "Quick." One Officer, Detective Crouch, told Grant he did not believe the story and asked Grant why he was lying. Shortly thereafter, Grant asked to speak with the officer alone. Crouch asked Grant's parents for their consent, which they gave verbally, but not in writing. The parents left the interview room and waited across the hall.

Crouch resumed the interview with Grant; however, the juvenile continued to deny his involvement. He accepted Crouch's offer to take a polygraph test. Crouch and Grant then moved into the polygraph room while Grant's parents moved into an adjoining room where they could watch. Before the polygraph started, Crouch told Grant, "You don't really want to waste my time with this [the polygraph], do you? You know I know the truth. Why don't you come clean?" At this point Grant broke down in tears and told Crouch that he was afraid of going to jail.

Crouch asked Grant if he was ready to relate what really happened, and Grant responded in the affirmative. Crouch told Grant that if he was responsible for the boys' deaths, it would be "extremely tough on [Grant] to live with." At that point, Grant admitted his previous version of events was "a lie." At Crouch's request, Grant wrote out a statement and signed it. The statement implicated Grant in the murders. During these events, Grant's parents remained in the adjoining room where they could see, but not hear. Crouch took Grant's written statement to the parents who signed it without reading its contents. The officers then led Grant back to the initial interview room where his parents joined him; the officers later transferred Grant to Zebulon Pike Juvenile Detention Center.

'At trial, the judge suppressed this statement as rendered in violation of the juvenile statements statute, see § 19-2-511, because it was taken outside the presence of Grant's parents and absent a written waiver. That decision is not at issue in this proceeding.

After the officers took Grant to the detention center, Crouch learned of changes to the juvenile statements statute that required a written waiver for interviews conducted outside the presence of a juvenile's parents. He decided to reinterview Grant, this time in compliance with the statute. Crouch had his office prepare a written waiver form, and he made arrangements for Grant and his parents to return to the station. He did not tell them the reasons for this second interview.

When Crouch arrived at the center to pick up Grant for the second interview, Grant showed the detective the business card of a public defender and told him, "I'm not supposed to talk to anyone until tomorrow." Crouch asked whether the public defender represented him; Grant responded that he did not know, but that he had "signed some-

[546]*54648 PACIFIC REPORTER, 3d SERIES

546 Colo.

thing.”2 Crouch told Grant to “go ahead and come with us down to the [police station],” and that, “his folks would be there.” Grant complied and allegedly told the officers during the drive that he would consent to the second interview, but only if his parents were not present.

When the parties - arrived at the police station, Grant and his parents met alone in the interview room for several minutes to discuss “a family matter.” Crouch then entered and requested permission to conduct the second interview.

When Crouch received the parents’ verbal consent, he provided them with a second “Fact Sheet” containing the written Miranda warnings. He again explained those rights and had all three of them initial the appropriate space on the form to signify their understanding. Crouch then presented a form entitled “Juvenile Interview Waiver.” He asked Grant’s mother to read it, and if she agreed, to sign it. She read and signed the waiver. Grant’s stepfather initialed the form. Grant looked at the form, but was not asked to, nor did he, sign it. There was, in fact, no space on the form for his signature. At that time, however, he verbally agreed to an interview conducted outside his parents’ presence.

Crouch’s second interview with Grant lasted a few hours. At the end, Grant wrote out a statement that was substantially similar to his earlier statement but contained slightly more detail. The admissibility of this statement is at issue here.

In a written order, the trial judge denied Grant’s motion to suppress the second statement finding that it did not run afoul of the Sixth Amendment.3 In a motion to reconsider, defense counsel argued that the second statement should be suppressed based solely on the fact that Grant did not sign the waiver form and that without his signature, the document was invalid under the statute. The trial court rejected this argument finding that the waiver complied with the intent of

2. Grant had signed an "Application for Court

Appointed Counsel.”

3. The defense filed one pretrial motion to suppress both statements. After a hearing, the trial

the statute and that such waiver need not be signed by both the juvenile and the parents. A jury acquitted Grant of first-degree murder, but convicted him of accessory to murder and accessory to manslaughter.

[1] The court of appeals affirmed. The court noted that the statute requires all waivers to be “in writing,” but that it does not specify that both the parents and the juvenile must affix their signatures to such writing.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People in Interest of L.E.R-N.
2025 COA 16 (Colorado Court of Appeals, 2025)
People v. Barrios
2018 CO 10 (Supreme Court of Colorado, 2019)
Allen v. United Servs. Auto. Ass'n
907 F.3d 1230 (Tenth Circuit, 2018)
People v. Coleman
422 P.3d 629 (Colorado Court of Appeals, 2018)
People v. Espinoza
2017 COA 122 (Colorado Court of Appeals, 2017)
T.D. v. Wiseman
2017 COA 111 (Colorado Court of Appeals, 2017)
and 14CA1436. People v. Harris
2016 COA 159 (Colorado Court of Appeals, 2016)
People v. Wentling
2015 COA 172 (Colorado Court of Appeals, 2015)
St. Vrain Valley School District RE-1J v. A.R.L. ex rel. Loveland
2014 CO 33 (Supreme Court of Colorado, 2014)
Young v. Brighton School District 27J
2014 CO 32 (Supreme Court of Colorado, 2014)
Countryman v. Farmers Insurance Exchange
545 F. App'x 762 (Tenth Circuit, 2013)
Candelaria v. People
2013 CO 47 (Supreme Court of Colorado, 2013)
People v. Gallegos
2013 CO 45 (Supreme Court of Colorado, 2013)
In re May
478 B.R. 431 (D. Colorado, 2012)
Chase v. Colorado Oil & Gas Conservation Commission
2012 COA 94 (Colorado Court of Appeals, 2012)
Denver Post Corp. v. Ritter
255 P.3d 1083 (Supreme Court of Colorado, 2011)
Krutsinger v. People
219 P.3d 1054 (Supreme Court of Colorado, 2009)
Romero v. People
179 P.3d 984 (Supreme Court of Colorado, 2007)
Estates of Nau v. State
183 P.3d 626 (Colorado Court of Appeals, 2007)
Pulsifer v. Pueblo Professional Contractors, Inc.
161 P.3d 656 (Supreme Court of Colorado, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
48 P.3d 543, 2002 WL 1160183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grant-v-people-colo-2002.