State v. Hodge, A-5961-10T1; Appellate Division; opinion by Sapp-Peterson, J.A.D.; decided and approved for publication May 15, 2012. Before Judges Axelrad, Sapp-Peterson and Ostrer. On appeal from the Law Division, Camden County, Indictment No. 10-02-0630. DDS No. 14-2-6295 [21 pp.]
Defendant Ryan Hodge was 18 days shy of his 17th birthday when he was arrested for murder. At the prosecutor’s office, he gave investigators a statement denying his presence at the scene and any knowledge of the victim’s death. The statement was taken without an attorney being present or defendant having the opportunity to consult with counsel beforehand. His grandmother, his legal guardian, was not present but she had given police permission to interview him. Defendant was advised of his Miranda rights, which he waived in writing.