State v. Banks

I must respectfully dissent from the majority opinion reversing the trial court's ruling suppressing the admission into evidence of Banks's statement. In Anderson v. State, [Ms. CR-95-0768, May 8, 1998] 729 So.2d 900 (Ala.Cr.App. 1998), this court held:

"By its own terms, Rule 11(B) applies where a `child' is taken into custody and questioned by law enforcement authorities. The Alabama Rules of Juvenile Procedure do not define the term `child.' However, that term is defined by statute as `[a]n individual under the age of 18, or under 19 years of age and before the juvenile court for a matter…