State v. Fincher

Although I concur in the result reached by the majority, I dissent from the holding that N.C.G.S. 7A-595(a)(3) (1981) is applicable to defendant Fincher. This statute applies only to juvenile delinquency proceedings. I find no case in which this statute has been applied to criminal proceedings. In re Horne, 50 N.C. App. 97, 272 S.E. 2d 905 (1980), discussed the waiver of a juvenile’s rights under the statute in a juvenile proceeding.

In effect, the majority seeks to engraft an additional requirement upon officers before interrogating persons under the age of eighteen by requiring that they be…