Supreme Court overturns conviction of teen in robbery case

Thursday, Feb. 17, 2000 | 10:59 a.m.

CARSON CITY -- The robbery conviction of a 17-year-old Las Vegas boy was overturned Wednesday by the Nevada Supreme Court, which questioned whether his confession was voluntary.

Jack Bolden was convicted by a jury and sentenced to a maximum seven years and five months in prison for robbery with a deadly weapon and conspiracy to commit robbery.

The court, in its unanimous decision, said District Judge John McGroarty ruled the confession of Bolden was voluntary and could be used as evidence. But it said McGroarty should have allowed the jury to decide if the confession was voluntary.

The evidence was not overwhelming to convict Bolden, the court said. Bolden was in the general area of the robbery and matched the description of one of the two suspects. But the court said Bolden was not wearing the same clothing as either robber and the victim could not identify the suspect. In addition, police could not identify Bolden as the man they were chasing after the crime.

Because of the lack of substantial evidence, the court said McGroarty should have instructed the jury to decide if the confession was voluntary before considering it.

During questioning of Bolden after his arrest, police said they would not seek to certify Bolden as an adult to stand trial if he cooperated.

The Supreme Court said Juvenile Court, however, had no option but to certify Bolden to stand trial as an adult, which results in potential greater punishment.

"The statement implied the police had power to control certification and implied a threat of harsher punishment if appellant (Bolden) did not confess," the court said. "Appellant was aware that it was preferable to be treated as a juvenile and the promise was tantamount to a promise of immunity from the charges as an adult."

The failure of the judge to submit the question of the voluntariness of the confession to the jury could not be deemed harmless error, considering the lack of overwhelming evidence of guilt in the case, the court said. It ordered the case back to Clark County for a new trial.