State v. Ledbetter

818 A.2d 1, 263 Conn. 1, 2003 Conn. LEXIS 111
CourtSupreme Court of Connecticut
DecidedApril 1, 2003
DocketSC 16286
StatusPublished
Cited by43 cases

This text of 818 A.2d 1 (State v. Ledbetter) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Ledbetter, 818 A.2d 1, 263 Conn. 1, 2003 Conn. LEXIS 111 (Colo. 2003).

Opinion

Opinion

PALMER, J.

A jury found the defendant, Robin Led-better, guilty of felony murder in violation of General [3]*3Statutes § 53a-54c1 conspiracy to commit robbery in the first degree in violation of General Statutes §§ 53a-134 (a) (3)1 2 and 53a-48 (a),3 and attempt to commit robbery in the first degree in violation of General Statutes §§ 53a-49 (a) (2)4 and 53a-134 (a) (3). The trial court rendered judgment in accordance with the jury verdict,5 from which the defendant appealed to this court pursuant to General Statutes § 51-199 (b) (3).6 On appeal, the defendant, who was fourteen years old at [4]*4the time of the commission of the offenses, raises two claims, both of which relate to a confession that she had given to the police. First, the defendant claims that the trial court improperly failed to suppress her confession because it was obtained in the absence of a parent or guardian in violation of General Statutes § 46b-137 (a),7 which provides, inter alia, that no confession made by a child8 to a police officer shall be admissible “in any proceeding concerning the alleged delinquency of th[at] child” unless the confession was made in the presence of the child’s parent or guardian. Second, the defendant claims that the trial court improperly instructed the jury regarding its role in evaluating the reliability of her confession. With respect to the defendant’s first claim, we conclude that, although the facts support the trial court’s conclusion that the defendant’s confession was obtained in compliance with § 46b-137 (a), that statute is inapplicable to the present case inasmuch as its provisions pertain only to proceedings in juvenile court and not to proceedings in adult criminal court.9 With respect to the defendant’s [5]*5second claim, we conclude that the trial court’s instructions were proper. We therefore affirm the judgment of the trial court.

The jury reasonably could have found the following facts. On the evening of February 23, 1996, the defendant, Philip Milling, Danixa Sanchez and Sanchez’ boyfriend, Lucís Richardson, were socializing together in an apartment located at 84-86 Martin Street (apartment) in Hartford. At some point that evening, Richardson asked the defendant “[i]f it was still on.” Sanchez asked Richardson what he meant, but Richardson told Sanchez to mind her own business. Thereafter, the defendant explained to Sanchez that Richardson was referring to a plan to rob a taxi driver.

At approximately 10:30 p.m., the defendant placed a telephone call to the Yellow Cab Company (Yellow Cab) and inquired when Yellow Cab drivers change shifts. The defendant sought this information because she believed that, the later it is in a taxi driver’s shift, the more cash fares the driver likely will have collected. Several hours later, at approximately 1:30 a.m. on February 24, 1996, the defendant again called Yellow Cab and requested that a taxi be sent to 82 Martin Street. The defendant left the telephone number at the apartment as the “call back” number.

The defendant and Richardson then changed into dark clothes. Richardson armed himself with a power drill that resembled a gun, and the defendant concealed a kitchen knife in her pants. The defendant and Richardson left the apartment to await the arrival of the taxi.

When the taxi arrived, the defendant entered the vehicle through the rear passenger side door, while Richardson entered from the other side and sat behind the [6]*6driver. Once seated, Richardson placed the drill behind the head of the driver, Collin Williams, and demanded that Williams give him all of his money. When Williams did not respond immediately, Richardson struck him in the head with the drill. A struggle ensued, and Williams grabbed the defendant. During the struggle, the defendant stabbed Williams several times. The defendant and Richardson fled the scene and returned to the apartment.

Upon returning to the apartment, the defendant washed the knife with which she had stabbed Williams. Sanchez asked what had happened, and the defendant explained that the taxi driver had grabbed her, that a struggle had ensued, and that she had stabbed the driver. The defendant also stated that she needed to dispose of the knife. Soon thereafter, the defendant and Milling left the apartment to take a walk while Richardson and Sanchez remained in the apartment. The defendant and Milling returned from their walk approximately forty-five minutes later.

Meanwhile, at approximately 2:15 a.m., Sergeant John Cunningham of the Hartford police department responded to a call regarding a suspiciously parked taxi at 82 Martin Street. When Cunningham arrived at the scene, he discovered Williams slumped over in the front seat of the taxi, seriously wounded. Cunningham administered first aid to Williams and called for an ambulance, which transported Williams to the hospital. Soon thereafter, however, Williams died. The cause of Williams’ death was a stab wound to the chest.

During the police investigation of Williams’ stabbing, police discovered the “call back” number that the defendant had given to Yellow Cab and traced it to the apartment. Acting on this information, several officers proceeded to the apartment and, at approximately 5 a.m., knocked on the door. The defendant approached [7]*7the door, peered through the peephole and observed the police. The defendant notified Milling that the police were at the door, and the defendant and Milling hurriedly left the apartment through the back door.

The police gained entry into the apartment and questioned those inside about Williams’ stabbing. Richardson, Sanchez and a third person, Michael Hodges,10 all denied any knowledge of the incident. They indicated, however, that the defendant and Milling had been in the apartment earlier. The police ran a wanted persons check on the defendant and discovered that she was a runaway from an alternative to detention program.* 11 The police also discovered that the department of children and families (department) was the defendant’s legal guardian at that time.12

Several days later, on February 27,1996, the Hartford police located the defendant and, at approximately 9:30 p.m., brought her to the police station. The police contacted William Ledbetter, the defendant’s biological father (father) and informed him that the defendant was in police custody. The defendant’s father arrived at the police station at approximately 10 p.m. and was permitted to speak privately with the defendant. Although the defendant’s father relinquished his guardianship rights in 1990, his parental rights never had been terminated.13

The police also notified the department that the defendant was in custody, and, in response to that notifi[8]*8cation, Maureen Daly, a department social worker assigned to respond to case emergencies after normal business hours that evening, went to the station. Upon her arrival, Daly, who never had met the defendant, spoke privately with the defendant and her father. Daly suggested that the defendant should consult with an attorney. The defendant, however, indicated that she wished to speak to the police.

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Cite This Page — Counsel Stack

Bluebook (online)
818 A.2d 1, 263 Conn. 1, 2003 Conn. LEXIS 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ledbetter-conn-2003.