State v. Lundy

808 S.W.2d 444, 1991 Tenn. LEXIS 125
CourtTennessee Supreme Court
DecidedMarch 18, 1991
StatusPublished
Cited by13 cases

This text of 808 S.W.2d 444 (State v. Lundy) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Lundy, 808 S.W.2d 444, 1991 Tenn. LEXIS 125 (Tenn. 1991).

Opinion

OPINION

DAUGHTREY, Justice.

This case involves the interrogation and subsequent arrest of a fifteen-year-old boy who was tried as an adult and convicted of second degree murder. We are asked to rule that the defendant’s pre-trial statements to police should have been suppressed at the transfer and acceptance hearings that were held to determine whether he should be tried as an adult, [445]*445because those statements were allegedly taken in violation of T.C.A. § 37-1-115. That statute requires that a juvenile who is “taken into custody” must be delivered to juvenile court or released to his parents or guardian “within a reasonable time.”

The defendant alleges specifically that the police delayed too long in taking him to juvenile court, opting instead to detain him in police custody in order to obtain a confession. He insists that if the statements he gave police had been suppressed at the transfer and acceptance hearings, he would not have been found suitable for trial as an adult. The defendant also alleges that even if there were other grounds sufficient to sustain the transfer order, the statements should not have been used against him at trial.

The Court of Criminal Appeals affirmed the defendant’s conviction, holding that because his mother “signed defendant out of school and was present at all time[s] during the interrogation and until he was delivered to the juvenile court,” the requirements of T.C.A. § 37-1-115 were met, despite a delay of almost five hours between those two events. Because we disagree with the intermediate court’s interpretation of the statute in this regard, although not with its result, we granted review in this ease. For the reasons stated below, we now affirm.

The body of James Edward Maxwell, the night custodian at Van Gilder High School in Knox County, was found lying in a school hall on the morning of October 15, 1986. Maxwell had been robbed and brutally stabbed and beaten to death. At first the police had no leads and no suspects in the murder, but eventually they received information from a confidential informant that led them to the fifteen-year-old defendant, William (Willie) Lundy, and his two adult co-defendants. On October 21, 1986, almost a week after Maxwell’s murder, Detectives Gary Jones and Jerry McNair of the Knoxville Police Department went to the apartment of Diontha Lundy, the defendant’s mother, and told her that they needed to talk with her son. Mrs. Lundy voluntarily accompanied the investigators to Rule High School, where the defendant was a student, and signed her son out of school at 1:00 p.m.

While in the police car with the two officers and his mother, Willie Lundy asked, “What’s this all about?” Jones replied, “Well, I think you know what it’s about. It’s a pretty serious problem.” Mrs. Lundy turned to her son and asked, “What’s this about, Willie? Murder?” “Yes,” answered the defendant. Detective Jones then told the defendant not to say anything else until he was advised of his rights.

The detectives, defendant Lundy, and his mother arrived at the Youth Division office of the Knoxville Police Department at 1:10 p.m. Detectives William French and Charles Burdren took charge of the defendant. Mrs. Lundy continued to remain with her son during his interrogation and detention. French advised the defendant of his Miranda rights, and at 1:18 p.m. the defendant and his mother signed a rights waiver. The officers and the defendant then “talked ... a little bit about the situation.” When the defendant mentioned that he had given the tennis shoes he had worn the night of the murder to his cousin, Buddy Davis, Detective Jones left and retrieved the shoes from Davis.

At 1:41 p.m. the defendant began giving a statement, tape-recorded by the officers and eventually transcribed to 27 pages. As noted earlier, the defendant’s mother was with him at all times. During the interrogation the police asked her if there was anything she wanted to ask her son, to which she replied, “No, I’m surprised, Charlie. I didn’t really know what was going on, that’s the first I heard about it, when we got up here.” The defendant concluded his statement at 2:12 p.m. In it, he admitted stabbing the victim and said that he received $400 of the $1,200 taken from Maxwell.

About 4:30 p.m., the defendant signed a second rights waiver allowing the police to search his home for the bluejeans he had been wearing the night of the killing. He and his mother rode with the officers to his residence, where they stopped on the way to juvenile court. The defendant also showed the officers the route he and his [446]*446co-defendants had driven after they killed Maxwell, and he attempted to help them locate the place where the handle of the knife used to stab the victim had been thrown. Sometime between 5:30 and 6:00 p.m., less than five hours after he was taken into custody, the police delivered the defendant to juvenile court. The officers then dropped Mrs. Lundy off at a Knoxville grocery store.

The propriety of the officers’ conduct in this case is governed by T.C.A. § 37-1-115, regulating procedures in juvenile court. In pertinent part, that statute provides:

(a) A person taking a child into custody shall within a reasonable time:
(1) Release the child to his parents, guardian or other custodian upon their promise to bring the child before the [juvenile] court when requested by the [juvenile] court unless his detention or shelter care is warranted or required under T.C.A. § 37-1-114, or
(2) Bring the child before the [juvenile] court or deliver him to a detention or shelter care facility designated by the [juvenile] court ...

A subsequent provision in T.C.A. § 37-l-127(c) requires that “[a]n extra-judicial statement, if obtained in the course of violation of this part or which would be constitutionally inadmissible in a criminal proceeding shall not be used against [a child].” The defendant insists that the provisions of § 37-l-115(a) were not met in this case, and that his pretrial statements are thus inadmissible under § 37-l-127(c).

We conclude, first of all, that these statutory provisions are inapplicable to the use of Lundy’s statement at trial. This Court has held that T.C.A. § 37-l-127(c) guarantees only that a juvenile’s statements taken in violation of T.C.A. § 37-1-115 will not be used against him or her in a proceeding in juvenile court. Colyer v. State, 577 S.W.2d 460, 462 (Tenn.1979); see also State v. Turnmire, 762 S.W.2d 893, 896 (Tenn.Crim.App.1988). We further conclude that the statutory prerequisites of T.C.A.

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

Related

State of Tennessee v. Keylone Jones
Court of Criminal Appeals of Tennessee, 2026
Jurico Readus v. State of Tennessee
Court of Criminal Appeals of Tennessee, 2016
State v. Shane Pillow
Court of Criminal Appeals of Tennessee, 2010
State of Tennessee v. Frank Deangelo Taylor
Court of Criminal Appeals of Tennessee, 2010
State of Tennessee v. Nicholas Fletcher
Court of Criminal Appeals of Tennessee, 2009
State of Tennessee v. Rodney Southers
Court of Criminal Appeals of Tennessee, 2005
State of Tennessee v. Nathaniel Lee Jackson & Kenneth L. Jones
Court of Criminal Appeals of Tennessee, 2004
Andrew Levi Jefferson v. State of Tennessee
Court of Criminal Appeals of Tennessee, 2003
State of Tennessee v. Brandon Ray Roland
Court of Criminal Appeals of Tennessee, 2003
State v. Carroll
36 S.W.3d 854 (Court of Criminal Appeals of Tennessee, 1999)
State v. Christopher Williams
Court of Criminal Appeals of Tennessee, 1998
State v. Dorse & Williams
Court of Criminal Appeals of Tennessee, 1998
State v. William Watkins and Jonathan Davis
Court of Criminal Appeals of Tennessee, 1997

Cite This Page — Counsel Stack

Bluebook (online)
808 S.W.2d 444, 1991 Tenn. LEXIS 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lundy-tenn-1991.