In the Interest of LDO

LDO (defendant) was a 15-year-old child who ran away from the crisis center where he was living and began living with his aunt and her family. One day, LDO did not report to his community-service job, and his aunt reported him as a runaway. When a police officer went to the aunt’s home to complete a report, the aunt noticed a CD player was missing. The next day, the officer made a traffic stop of a vehicle in which LDO was a passenger. LDO was transported to a detention center, and the following day he was interviewed by an officer about the missing CD player. The officer did not provide Miranda warnings prior to questioning LDO. LDO explained that he took the CD player from his aunt’s home without permission and brought it to his friend’s home. The officer retrieved it from the friend’s home. LDO was questioned again, still without Miranda warnings, and stated that he asked his friend to pawn it. After being charged, LDO’s attorney did not contact LDO prior to his adjudicatory hearing. Counsel attempted to visit LDO at the detention facility where he believed LDO was housed but then learned LDO had been transferred to another facility and did not make any further efforts to see or speak with him. At no point prior to the hearing did LDO’s attorney move to suppress his statements to police. At the adjudicatory hearing, LDO’s admissions were entered into evidence. LDO’s attorney objected to the evidence, and the juvenile-court judge overruled the objection because counsel failed to make a timely motion to suppress. LDO then testified that his aunt purchased the CD player, that he took it from his aunt’s home and brought it to his friend’s home, and that he intended to pawn it. The juvenile court adjudicated LDO delinquent. LDO appealed, contending that he was denied the effective assistance of counsel.