an important mitigating factor that the jury did not have an opportunity to consider. The testimony by Frierson’s parents did not begin to describe the magnitude of Frierson’s problem with drugs. 13 . We also note that "overwhelming evidence of guilt does not ameliorate the failure to present mitigating evidence at the penalty phase.” Caro, 165 F.3d at 1227. 14 . In 1972, White and Frierson were both charged with first degree murder for the death of Douglas Green. The juvenile court sustained the petition against Frierson and acquitted White of that charge. Fourteen years later, in October 1986, White allegedly confessed to killing Green during an interview with Lieman and defense investigator Ingwer-sen. 15 . See Breed v. Jones, 421 U.S. 519, 529, 95 S.Ct. 1779, 44 L.Ed.2d 346 (1975) (<HOLDING>); Bretz v. Crist, 546 F.2d 1336, 1343 (9th
holding that although the juvenile restitution statute does not expressly require the juvenile court to determine whether the juvenile has the ability to pay the restitution ordered as a condition of probation the policies underlying the adult restitutions command that a trial court make such an inquiry applies with equal force to juvenile courts holding that juvenile adjudications may not be used for impeachment purposes because the disposition of a juvenile does not constitute a criminal conviction holding that jeopardy attaches in juvenile adjudication that determines whether juvenile violated criminal law recognizing that an inquiry into the conduct underlying a defendants juvenile adjudication may be admissible under rule 11608b nmra if the prosecution does not specifically question the defendant about the juvenile adjudication and does not otherwise present any evidence regarding the defendants juvenile adjudication holding juveniles statement inadmissible when after being placed in custody police took juvenile to police station and held juvenile in area where adult suspects were held instead of taking juvenile to a juvenile processing office or any of the places listed as an alternative in section 5202 and placing juvenile in specifically designated office for juveniles