Butler v. McKellar

494 U.S. 407, 110 S. Ct. 1212, 108 L. Ed. 2d 347, 1990 U.S. LEXIS 1246
CourtSupreme Court of the United States
DecidedMarch 5, 1990
Docket88-6677
StatusPublished
Cited by556 cases

This text of 494 U.S. 407 (Butler v. McKellar) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Butler v. McKellar, 494 U.S. 407, 110 S. Ct. 1212, 108 L. Ed. 2d 347, 1990 U.S. LEXIS 1246 (1990).

Opinions

Chief Justice Rehnquist

delivered the opinion of the Court.

Petitioner Horace Butler was convicted and sentenced to death for the murder of Pamela Lane. After his conviction became final on direct appeal, Butler collaterally attacked his conviction by way of a petition for federal habeas corpus. Butler relied on our decision in Arizona v. Roberson, 486 [409]*409U. S. 675 (1988), decided after his conviction became final on direct appeal. We have held, however, that a new decision generally is not applicable in cases on collateral review unless the decision was dictated by precedent existing at the time the petitioner’s conviction became final. Penry v. Lynaugh, 492 U. S. 302 (1989); Teague v. Lane, 489 U. S. 288 (1989). We hold that our ruling in Roberson was not so dictated and that Butler’s claim is not within either of two narrow exceptions to the general rule.

Pamela Lane, a clerk at a convenience store near Charleston, South Carolina, was last seen alive when she left work riding a moped late in the evening of July 17, 1980. The next day several fishermen discovered Lane’s body near a bridge, and the following day a local minister found Lane’s moped submerged in a pond behind his church.

Petitioner Butler was arrested six weeks later on an unrelated assault and battery charge and placed in the Charleston County Jail. After invoking his Fifth Amendment right to counsel, Butler retained counsel who appeared with him at a bond hearing on August 31, 1980. He was unable to make bond, however, and was returned to the county jail. Butler’s attorney would later contend in state collateral relief proceedings that after the bond hearing, he had told the police officers not to question Butler further. The officers testified that they remembered no such instruction.

Early in the morning of September 1, 1980, Butler was taken from the jail to the Charleston County Police station. He was then informed for the first time that he was a suspect in Lane’s murder. After receiving Miranda warnings, see Miranda v. Arizona, 384 U. S. 436 (1966), Butler indicated that he understood his rights and signed two “waiver of rights” forms. The police then interrogated Butler about the murder. Butler did not request his attorney’s presence at any time during the interrogation.

Butler offered two explanations for Lane’s death. First, he claimed that a friend, one White, killed Lane and then sought Butler’s help in disposing of the moped. When his in[410]*410terrogators evidenced skepticism over this statement, Butler tried again. He said that he had come upon Lane in his car and had motioned her over to the side of the road. She then voluntarily accompanied him in a drive to a nearby wooded area where the two engaged in consensual sex. Afterwards Lane threatened to accuse Butler of rape when she realized she would be late getting home. Butler maintained that he panicked, shot Lane with a handgun, and dumped her body off a bridge. In this version of the story, Butler asserted that White helped him dispose of the moped. Butler later took the police to the locations of the various events culminating in Lane’s death.

The State indicted Butler and brought him to trial on a charge of first-degree murder. The trial court denied Butler’s motion to suppress the statements given to police, and the statements were introduced into evidence. The jury found Butler guilty and, in a separate proceeding, sentenced him to death concluding that hé committed the murder during the commission of a rape. The Supreme Court of South Carolina upheld Butler’s conviction on direct appeal, State v. Butler, 277 S. C. 452, 290 S. E. 2d 1, and we denied certiorari. Butler v. South Carolina, 459 U. S. 932 (1982). Subsequently, Butler unsuccessfully petitioned for collateral relief in the State’s courts, see Butler v. State, 286 S. C. 441, 334 S. E. 2d 813 (1985), and we again denied certiorari. Butler v. South Carolina, 474 U. S. 1094 (1986).

In May 1986, Butler filed this petition for federal habeas relief pursuant to 28 U. S. C. §2254. As characterized by the District Court, one question raised in the petition was “whether police had the right to initiate questioning about the murder knowing petitioner had retained an attorney for the assault charge.” App. 119. The District Court dismissed the petition on respondents’ motion for summary judgment.

On appeal to the United States Court of Appeals for the Fourth Circuit, see Butler v. Aiken, 846 F. 2d 255 (1988), [411]*411Butler argued that Edwards v. Arizona, 451 U. S. 477 (1981), requires the police, during continuous custody, to refrain from all further questioning once an accused invokes his right to counsel on any offense. In support of his argument, Butler relied principally on United States ex rel. Espinoza v. Fairman, 813 F. 2d 117 (CA7 1987). The Court of Appeals rejected Butler’s Espinoza-based contention, finding the Seventh Circuit’s ruling an unpersuasive and “dramatic” extension of Edivards. Butler, 846 F. 2d, at 258.

The court concluded that Butler’s statements were preceded by appropriate warnings and a voluntary waiver of Fifth Amendment protections. The statements, therefore, were not obtained in violation of his constitutional rights or Edwards’ prophylactic rule. According to the court, a properly initiated interrogation on an entirely different charge does not intrude into an accused’s previously invoked rights but instead offers the accused an opportunity to weigh his rights intelligently in light of changed circumstances. When, as occurred in this case, the accused then freely waives any constitutional right to counsel and provides voluntary statements of an incriminating nature, there is no justification for undermining the search for the truth by suppressing those statements. Butler, 846 F. 2d, at 259. The Court of Appeals affirmed the dismissal of Butler’s petition, and approximately one month later, denied Butler’s request for rehearing and suggestion for rehearing en banc.

On the same day the court denied Butler’s rehearing petitions, we handed down our decision in Roberson. We held in Roberson that the Fifth Amendment bars police-initiated interrogation following a suspect’s request for counsel in the context of a separate investigation. 486 U. S., at 682. On Butler’s motion for reconsideration, the original Fourth Circuit panel considered Butler’s new contention that Roberson requires suppression of his statements taken in the separate investigation of Lane’s murder. Although the panel conceded that the substance of its prior conclusion “was cast into [412]*412immediate and serious doubt” by our subsequent decision in Roberson, Butler v. Aiken, 864 F. 2d 24, 25 (1988), it nevertheless determined that Butler was not entitled to the retroactive benefit of Roberson. According to the panel, the Edwards-Roberson limitations on police interrogation are only tangentially related to the truth-finding function. 864 F. 2d, at 25.

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Bluebook (online)
494 U.S. 407, 110 S. Ct. 1212, 108 L. Ed. 2d 347, 1990 U.S. LEXIS 1246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-mckellar-scotus-1990.