Billy Russell Clark v. Tim Murphy

331 F.3d 1062, 2003 U.S. App. LEXIS 11496, 2003 Cal. Daily Op. Serv. 4923, 2003 Daily Journal DAR 6263, 2003 WL 21338911
Court of Appeals for the Ninth Circuit·Decided June 10, 2003·No. 00-16727·Published·Cited by 368 cases

Opinions

Opinion by Judge O’SCANNLAIN; Concurrence by Judge STAPLETON.

ORDER AND AMENDED OPINION

ORDER

The opinion and concurrence filed on January, 23, 2003, and appearing at 317 F.3d 1038 (9th Cir.2003), are amended. The amended opinion and concurrence are filed herewith.

The panel has voted unanimously to deny the petition for rehearing. Judge O’Scannlain has voted to deny the petition for rehearing en banc, and Judge Stapleton and Judge Fernandez so recommended.

The full court was advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing and the petition for rehearing en banc are DENIED. No further petitions for panel or en banc rehearing will be entertained.

OPINION

O’SCANNLAIN, Circuit Judge:

In this petition for writ of habeas corpus, we must decide whether a state court’s determination — that the admission into evidence of a murder suspect’s confession did not violate the Constitution — was contrary to or an unreasonable application of clearly established federal law, as determined by the Supreme Court.

I

On May 15, 1991, Cynthia Tomecko reported to Phoenix police that her mother, Anita Clark, was missing. Police focused attention on Billy Russell Clark, Anita Clark’s stepson, when they learned that he had sold her automobile to a California automobile dealership. Clark was arrested on May 24, at about 11:00 a.m., attempting to pick up a check mailed from the California dealership at a post office box in Chandler, Arizona. After the arresting officer read Clark his Miranda1 rights, Clark stated that he understood those rights, and he was taken to the Phoenix police station, where he spent the balance of the day.

The first person to interview Clark was Detective Masino. There is some ambiguity in the record with respect to the size of the interview room, which was either six [1065]*1065feet by eight, or eight feet by ten. It was furnished with a table and two or three chairs. It did not contain a drinking fountain or a toilet. At no time during this interview or the next did Clark ask to use such facilities. The interview with Detective Masino focused on the theft of the victim’s car, and lasted approximately 35 minutes. Detective Masino prefaced the interview by asking Clark if he understood his Miranda rights, and Clark responded in the affirmative. During the course of this interview, Clark admitted that he had stolen Anita Clark’s car, that he had done so for money, and that he had stolen the car on May 14, the day before Anita Clark was reported missing. Detective Masino .terminated the interview at approximately 12:45 p.m.

Later in the afternoon, a second interview took place. This time, Detective Masino was accompanied by Detective Chambers, a homicide detective assigned to investigate the disappearance of Anita Clark. The interview began at approximately 4:00 p.m. Initially, Detective Masino conducted the interview, but after about twenty minutes detective Masino left the room and Detective Chambers took over. Detective Chambers identified himself as a homicide detective brought in to investigate the disappearance of Anita Clark, and notified Clark of his Miranda rights, reading them verbatim from a standard “rights card” supplied by the Phoenix police department. When the detective asked Clark if he understood those rights, Clark responded “yes, I do.”

In the ensuing interview, Clark attempted to provide an explanation for taking his stepmother’s car. Detective Chambers responded that there were serious problems with this story. Clark’s reply was “I think I would like to talk to a lawyer.”2 Detective Chambers responded as follows:

I told him if you — if he wanted a lawyer I would call him one. I told him I expected, if in fact he wanted a lawyer and I called him one, our dialogue would be over. I told him that [his sister] was there, I wanted to talk to her. That I was going to leave him alone for a few minutes to make a decision, and that when I returned to him I would expect his answer.

Clark acknowledged that he understood, and Detective Chambers left the interview room to interview Clark’s sister. A half hour later, the detective returned to the interview room. Clark spoke first. He told the detective that he did not want a lawyer, and that he wanted to continue talking, adding by way of explanation that it was helping him to deal with the situation by talking to the detective.

The interview continued. After another twenty minutes Clark said to the detective, “should I be telling you or should I talk to a lawyer?” The detective’s response was “are you asking for my personal opinion or my professional opinion?” Clark responded that he wanted the detective’s opinion, should he be talking to a lawyer or should he talk to the detective? After a long silence of two minutes or so, the detective told Clark that in his personal opinion, should the case go to trial, a judge or a jury would be concerned with remorse. Using his hands as scales to illustrate his [1066]*1066point, the detective told Clark that the judge or jury would weigh fear of punishment as against any remorse over what happened, and that in his [the detective’s] opinion, remorse should outweigh fear of punishment. Clark responded, “well, let’s talk about it then.”

Soon after, Clark confessed to murdering his stepmother. He described how he found Anita Clark at home when he had not expected her to be there. They apparently had an argument, and Clark told the detective how he had taken hold of her head and snapped her neck, and how she collapsed immediately on the floor. He told the detective that after he realized what he had done, he panicked, placed her body into the trunk of her car, and drove out to the desert to dispose of the body. Later that night, Clark led detective Chambers and another homicide detective, Bob Mills, to the burial site, which was approximately 67 miles outside Phoenix, near Tumbleweed, Arizona. There, Clark led the detectives to the burial site, where they found the charred remains of Anita Clark.

Clark was indicted on one count of first degree murder and one count of theft. Before trial, Clark moved to suppress his confession, claiming it was taken in violation of Miranda and its progeny, and that it was involuntary. The motion was denied, and the confession was admitted at trial. Clark’s position at trial was that he was lying when he confessed to the police. He admitted to burning and burying his stepmother’s body and then stealing and selling her car, but he maintained that he did not kill her. He alleged that he discovered his step-mother’s body in the hallway, that he thought his father had killed her, and that he disposed of the body in order to protect his father. The jury convicted Clark of second degree murder, and theft of property. Clark was sentenced to consecutive, maximum, aggravated terms of twenty years imprisonment on the murder conviction, and ten years for theft.

On appeal to the Arizona Court of Appeals, Clark alleged that the trial court erred in denying his motion to suppress the confession, because it was taken in violation of Miranda, and it was involuntary.

Free access — add to your briefcase to read the full text and ask questions with AI

Billy Russell Clark v. Tim Murphy, 331 F.3d 1062, 2003 U.S. App. LEXIS 11496, 2003 Cal. Daily Op. Serv. 4923, 2003 Daily Journal DAR 6263, 2003 WL 21338911 (9th Cir. 2003).

331 F.3d 1062 (Billy Russell Clark v. Tim Murphy) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Slape v. Haase
N.D. California, 2020
State v. Tench (Slip Opinion)
2018 Ohio 5205 (Ohio Supreme Court, 2018)
Adam Lopez v. Janda
Ninth Circuit, 2018
Wade Robertson v. Rise Pichon
849 F.3d 1173 (Ninth Circuit, 2017)
Aldridge Currie v. Neil McDowell
825 F.3d 603 (Ninth Circuit, 2016)
Charles Hedlund v. Charles Ryan
815 F.3d 1233 (Ninth Circuit, 2016)
United States v. Esmeralda Segovia Contreras
606 F. App'x 413 (Ninth Circuit, 2015)
People v. Art T.
234 Cal. App. 4th 335 (California Court of Appeal, 2015)
Tio Sessoms v. D Runnels
768 F.3d 882 (Ninth Circuit, 2014)
Dwayne Woods v. Stephen Sinclair
764 F.3d 1109 (Ninth Circuit, 2014)
Robert Murray v. Dora Schriro
745 F.3d 984 (Ninth Circuit, 2014)
Robert E. Hicks v. State of Indiana
5 N.E.3d 424 (Indiana Court of Appeals, 2014)
David Oppelt, Jr. v. Pat Glebe
550 F. App'x 499 (Ninth Circuit, 2013)
United States v. David Winsor
549 F. App'x 630 (Ninth Circuit, 2013)
Rowland v. Chappell
902 F. Supp. 2d 1296 (N.D. California, 2012)
Baldwin v. Adams
899 F. Supp. 2d 889 (N.D. California, 2012)
Averilla v. Lopez
862 F. Supp. 2d 987 (N.D. California, 2012)
Griffin v. Benedetti
773 F. Supp. 2d 947 (D. Nevada, 2011)
Santibanez v. HAVLIN
750 F. Supp. 2d 1121 (E.D. California, 2010)
Harris v. Garcia
734 F. Supp. 2d 973 (N.D. California, 2010)