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T.C.

State: Arkansas
Background
T.C. was 12 years' old when he discovered his sister strangled to death in their home. With no evidence of forced entry, he and his mom became the prime suspects. After the police allegedly told him that his mother would get the death penalty if he didn't confess, T.C. did just that. He immediately recanted, telling his mother it would be alright because the police would soon learn that his fingerprints would not be found on the murder weapon. Although there was no forensic evidence connecting T.C. to this murder, he was nevertheless convicted on the basis of his conviction.

The case has now been taken by the Arkansas Supreme Court. CWCY attorneys filed an amicus brief in support of T.C., arguing that T.C. statement was involuntary and unreliable. We also argued that the Miranda warnings read to him were insufficient, and that he did not knowingly and intelligently waive his rights to silence and an attorney.

A decision by the Arkansas Supreme Court should be made later this year.

Update: January 21, 2010
The Arkansas Supreme Court accepted our amicus today.

Update: April 23, 2010
The Arkansas Supreme Court heard oral argument in this case yesterday. Apparently, the first question asked of the State was "how could this 12-year-old adequately waive Miranda when the Detective incorrectly defined what a waiver is?" This is an argument that CWCY and T.C.'s attorneys had made adamantly during briefing.

Update: May 6, 2010
T.C.'s CONVICTION REVERSED! The Arkansas Supreme Court, in a unaminous decision, holds that T.C.'s waiver of his right to counsel and silence was involuntary. When asked whether he waived his Miranda rights, 12-year-old T.C. asked, "What's a waiver?" The officer responded with the definition of voluntariness, never mentioning the right to silence and an attorney that T.C. was waiving. The CWCY wrote an amicus brief in support of T.C. and his fine counsel, Dorcy Corbin. Congratulations to both of them! In addition to the bad waiver, T.C.'s confession is otherwise involuntary and unreliable. Telling T.C. it was him or his mother, the police allegedly threatened T.C.'s mother with the death penalty if T.C. himself didn't confess. There are no corroborating facts that suggest T.C.'s confession is reliable. Here's hoping the State will drop the charges swiftly and T.C. can begin to move on with his life.

Resources

Did 12-year-old earn murderer label fairly? Boy challenging confession in high court
Democrat-Gazette - April 21, 2010
State: Arkansas
Type: Case
Topic: Interrogations, Miranda, or False Confessions

The Arkansas Democrat-Gazette highlights the brief of the CWCY in the case of T.C. and expresses doubt about the voluntariness and reliability of this 12-year-old boys' confession.

T.C. brief amicus curiae
CWCY attorneys - January 14, 2010
State: Arkansas
Type: Sample Brief Or Motion
Topic: Interrogations, Miranda, or False Confessions

An amicus brief, that was limited to 10 pages, on issues of the reliability and voluntariness of a 12-year-old boys' confession and his ability to intelligently and knowingly waive his Miranda rights.

T.C. supplemental brief to AR SCT
Dorcy Corbin - February 08, 2010
State: Arkansas
Type: Sample Brief Or Motion
Topic: Interrogations, Miranda, or False Confessions

The supplemental Supreme Court brief filed by attorney Dorcy Corbin, arguing that her 12-year-old clients confession was involuntary, unreliable, and made under circumstances where the Miranda waiver was clearly inadequate.