State ex rel. K.M.

2007 UT 93, 173 P.3d 1279, 592 Utah Adv. Rep. 33, 2007 Utah LEXIS 214
Utah Supreme Court·Decided December 4, 2007·No. No. 20060683·Published·Cited by 11 cases

Opinions

NEHRING, Justice:

INTRODUCTION

T1 The juvenile court accepted K.M.'s admission to child abuse homicide, an offense [1280] that would be a third degree felony if committed by an adult. KM. then sought to withdraw her admission. The juvenile court denied her motion, and the court of appeals affirmed. In this review on certiorari, we conclude that rule 25 of the Utah Rules of Juvenile Procedure, upon which the juvenile court relied in accepting K.M.'s admission, fails to afford due process of law to juveniles because it does not mandate that the juveniles understand the nature and elements of the offense to which they are admitting. The inadequate communication of the nature and elements of the offense, which rule 25 permitted, led the juvenile court to accept a plea that was at odds with the contents of K.M.'s admission and was therefore not entered into knowingly. 'We therefore reverse the court of appeals.

BACKGROUND

12 KM. did not know she was pregnant until she gave birth in the downstairs bathroom of her home. K.M. was fifteen years old at the time. On the day K.M. delivered the infant, she suffered from what she thought was severe menstrual cramping. To alleviate the pain, she took several Advil and soaked in a bath. After several hours of severe cramping, K.M. had an urge to run into the bathroom, and then she had the urge to push,. When the infant's "little body fell into [her] arms," K.M. said that it made "[nlo movement, no sound." KM. was confused by what had just happened and did not know what to do with the still, silent human form that inexplicably appeared next to her. She did not want to place the infant on the floor and chose instead to open the bathroom window and put the child in the window well. K.M. watched the little body for five or ten seconds. It did not appear to move or breathe or utter a sound. The birth occurred between 11:00 and 11:80 on the night of September 4, 2002.

138 K.M. experienced severe blood loss, and she failed to summon assistance from any of her family members before she eventually lost consciousness. After regaining consciousness, K.M. showered in an attempt to clean herself, but she continued to bleed. She left the shower and attempted to reach her room. KM. lost consciousness several more times before she made her way to her bed, where she passed out. At approximately two o'clock in the morning, K.M's mother discovered her in her bed covered in blood.

T4 KM.'s mother called K.M.'s aunt, who is a nurse and who had been tending K.M. throughout that day, and reported that something was terribly wrong with K.M. When K.M.'s aunt arrived, she estimated that KM. had lost between 600 and 1000 cubic centimeters of blood and needed immediate medical attention. She knew the bleeding was vaginal and thought it might be a spontaneous hemorrhage, perhaps attributable to a tumor.1 K.M.'s aunt told K.M.'s mother to call 911. She did, and paramedics arrived soon after.

15 K.M. was transported to the hospital. After an ultrasound and pelvic exam indicated that K.M. had recently given birth, KM. told her mother about the little body she had left in the window well. K.M.'s aunt immediately returned to the house and found the lifeless body of a four-pound baby boy.

T6 K.M. has an I.Q. between seventy-nine and eighty-four and multiple learning disabilities. She had been examined by two doctors in the last few months preceding the unexpected birth, but neither physician had diagnosed a pregnancy. According to KM., she had her menstrual cycle two weeks prior to going into labor. She attributed her swollen abdomen to weight gain.

T7 According to the medical examiner, the infant's partially inflated lungs indicated that the baby had been born alive. The medical examiner could not ascertain the cause of death but expressed the opinion that maternal neglect contributed to the infant's death.

18 The State filed a petition in juvenile court charging K.M. with one count of murder, a first degree felony if committed by an adult. After her trial on this charge had begun, K.M. reached a plea agreement with the State and agreed to admit to child abuse homicide, a third degree felony if committed [1281] by an adult. Pursuant to rule 25 of the Utah Rules of Juvenile Procedure, the juvenile court conducted a colloquy with K.M., assisted by K.M.'s counsel. The juvenile court asked K.M.'s counsel to "advise [K.M.] of her rights on the record." Counsel indicated that he had talked to K.M. at length about her rights and explained to her the nature of a trial. Counsel then explained to KM. on the record the rights that KM. was surrendering by admitting culpability. He described K.M.'s right to confront witnesses, her right against self-incrimination, and her right to appeal an unlawful sentence. He indicated that she would be able to withdraw the plea for good legal reason up until the time of sentencing. Then, acknowledging K.M.'s emotional state, counsel sought to elicit from K.M. an indication of whether she understood what was happening and whether she was willing to proceed. She responded that she understood the proceedings and that she wished to continue. The judge supplemented counsel's explanation of K.M.'s rights by telling her in simple terms that she had a right to call witnesses who could help her case and a right against self-incrimination. Neither K.M.'s counsel nor the judge advised her that she was presumed to be innocent unless and until the State proved beyond a reasonable doubt all of the elements the offense with which she was charged and that she would waive her right to testify at trial by admitting the crime.

T9 The juvenile court then questioned K.M. about the events surrounding the birth and death of the infant. KM. presented a detailed account of the cireumstances surrounding the offense. She admitted that she now understood that she could have asked her aunt for help but explained that she was in shock at the time and that she did not know what was happening to her. Despite her willingness to enter the plea agreement, K.M. expressly refused to admit that the infant was born alive. Nevertheless, the juvenile court determined that, based on the medical evidence that the infant's lungs were partially inflated, there was sufficient factual basis for K.M.'s admission to one count of child abuse homicide and accepted her admission.

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State ex rel. K.M., 2007 UT 93, 173 P.3d 1279, 592 Utah Adv. Rep. 33, 2007 Utah LEXIS 214 (Utah 2007).

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