Supreme Court of Colorado

The People of the State of Colorado v. N.a.s. — Hood, J., Concurring

June 30, 2014329 P.3d 285

Summary

Justice Hood concurred in the judgment because N.A.S. validly waived his Miranda rights and made voluntary statements, but disagreed with the majority's conclusion that he was not in custody. Hood reasoned that a reasonable thirteen-year-old would have perceived the closed-room school interrogation, uniformed officer, multiple authority figures, serious warnings, and inability to leave as restraint comparable to formal arrest. Justice Marquez, dissenting, would have dismissed the interlocutory appeal for lack of jurisdiction because the suppressed statements were offered only for impeachment and were not a substantial part of the proof.