State v. Betts

OPINION OF THE COURT

MEL GROSSMAN, Circuit Judge.

ORDER GRANTING DEFENDANT’S MOTION TO SUPPRESS EVIDENCE

THIS CAUSE was considered by the Court on the Defendant’s Motion to Suppress Evidence in the form of a taped statement. A hearing on the motion was held in open court on June 22, 1989.

The narrow issue to resolve in the above captioned case is whether the Defendant, who was just a few days shy of her twelfth birthday, was able to understand the full ramifications of the waiving of her Fifth Amendment rights so as to effectuate a knowing and intelligent waiver of same.

*194The testimony revealed…