In re S.W.N.

Illinois Appellate Court
Civil Court
Miranda Warnings
Citation
Case Number: 
2016 IL App (3d) 160080
Decision Date: 
Wednesday, July 13, 2016
District: 
3d Dist.
Division/County: 
Bureau Co.
Holding: 
Vacated in part and reversed in part; remanded.
Justice: 
LYTTON

Respondent minor was adjudicated delinquent based on offense of criminal sexual assault. Four witnesses testified that Respondent would not have understood his Miranda rights, how they applied to him, or what their waiver meant to him. State's expert declined to give opinion on the matter, but testified that Respondent's score on WISC-V test was indicative of extremely low intellectual function. Totality of circumstances indicate that Respondent did not understand his Miranda rights, nor did he comprehend what their waiver would entail. (HOLDRIDGE and McDADE, concurring.)