MITCHELL, S.D. (AP) — The South Dakota Supreme Court will hear arguments later this month on whether to allow at trial an alleged confession by a teenager charged with murder.

State Circuit Court Judge Tim Bjorkman a year ago threw out the alleged confession of Maricela Diaz because he said she did not waive her right to remain silent when being questioned in the November 2009 death of 16-year-old Jasmine Guevara of Mitchell.

Prosecutors appealed in January. The Daily Republic reports state Supreme Court justices will hear the case Sept. 30.

Diaz was 15 years old at the time of Guevara's killing but is being tried in adult court. She is now 19.

Diaz's boyfriend, Alexander Salgado, pleaded guilty to murder in the case three years ago and is serving life in prison.

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