09-3535 Etherly v. Davis

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Habeas Corpus
Right to remain silent

A juvenile suspect's statement was voluntary, despite his age, lack of prior experience with the criminal justice system, and lack of intelligence.

"We agree with the Illinois Appellate Court that the interaction with the unidentified police officer did not rise to the level of coercion. Although we think it obvious that the officer's statement was inadvisable, merely telling somebody to tell the truth is not coercive. See Johnson, 28 F.3d at 640-45. We also agree with the appellate court that no specific benefit was promised in exchange for Etherly's cooperation, and Detective Golab made it clear that no promises would be forthcoming."

"The Illinois Appellate Court did not fail to consider relevant material factors or grossly miscalculate the balance. Therefore, in light of the fact that Etherly was read his rights several times and understood them, was questioned for a very limited period of time, and was not coerced, we conclude that the Illinois Appellate Court's determination that Etherly's statement was voluntary under the totality of the circumstances did not fall well outside the boundaries of permissible differences of opinion. It therefore was not objectively unreasonable."

Reversed and Remanded.

09-3535 Etherly v. Davis

Appeal from the United States District Court for the Northern District of Illinois, Bucklo, J., Kanne, J.

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