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In the Interest of K. H.

The juvenile court's order denying the juvenile defendant's motion to suppress incriminating statements she made to police made no findings regarding the voluntariness of the defendant's statements or whether she was in custody when she made them, and the Court thus remanded the case for further consideration.

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The State filed a delinquency petition against 15-year-old K. H., charging her with possession of less than one ounce of marijuana1 and giving false statements.2 The juvenile court thereafter denied K. H.’s motion to suppress incriminating statements she had made to police. We granted K. H.’s petition for interlocutory review to consider whether the court erred in denying her motion. Because the juvenile court did not properly determine whether K. H.’s statements were made voluntarily, we remand the case for further proceedings consistent with this opinion.

As an initial matter, we note that the juvenile court failed to transmit a transcript of the hearing on the motion to suppress, although, in her notice of appeal, K. H. requested that nothing be omitted from the record. The court reporter was apparently unable to transcribe the hearing due to an equipment malfunction.3 Instead, the juvenile court, with the consent of the parties, transmitted an audio recording.4 The sound quality of the audio recording, however, is so poor as to be unintelligible, and we have not considered it here.

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