Commonwealth v. Reed

583 A.2d 459, 400 Pa. Super. 207, 1990 Pa. Super. LEXIS 3382
CourtSupreme Court of Pennsylvania
DecidedDecember 6, 1990
Docket328
StatusPublished
Cited by22 cases

This text of 583 A.2d 459 (Commonwealth v. Reed) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Reed, 583 A.2d 459, 400 Pa. Super. 207, 1990 Pa. Super. LEXIS 3382 (Pa. 1990).

Opinions

[211]*211WIEAND, Judge:

Samuel Ray Reed was tried by jury and was found guilty of murder in the third degree in connection with the February 11, 1988 shooting death of his brother-in-law. Post-trial motions were denied, and Reed was sentenced to serve a term of imprisonment for not less than ten (10) years nor more than twenty (20) years. A motion to modify sentence was also denied. Reed then filed the instant appeal in which he argues that the trial court erred: (1) by denying his motion to suppress evidence; (2) by admitting into evidence, over defense objection, certain photographs, autopsy slides and physical evidence; (3) by refusing to admit into evidence statements made by him under hypnosis; (4) by refusing to declare a mistrial because of prosecutorial misconduct during closing argument; and (5) by refusing to charge the jury on the elements of involuntary manslaughter. Reed also asserts that the trial court abused its discretion when it imposed the maximum sentence authorized by law for third degree murder. We will consider these arguments seriatim.

Appellant first contends that all oral and written statements which he gave to the police should have been suppressed because he was subjected to custodial interrogation without first having been advised of his Miranda1 rights and because police failed to stop questioning him after he asserted his right to counsel. In reviewing the trial court’s denial of appellant’s suppression motion, we must

‘determine whether the factual findings of the [suppression] court are supported by the record. In making this determination, we consider only the evidence of the prosecution’s witnesses and so much of the evidence for the defense, as, fairly read in the context of the record as a whole, remains uncontradicted. If, when so viewed, the evidence supports the factual findings, we are bound by such findings and may only reverse if the legal conclu[212]*212sions drawn therefrom are in error. Commonwealth v. Trenge, 305 Pa.Super. 386, 451 A.2d 701 (1982).’

Commonwealth v. Schneider, 386 Pa.Super. 202, 206, 562 A.2d 868, 870 (1989), quoting Commonwealth v. Chamberlain, 332 Pa.Super. 108, 112, 480 A.2d 1209, 1211 (1984). See also: Commonwealth v. Kichline, 468 Pa. 265, 280-281, 361 A.2d 282, 290 (1976); Commonwealth v. Stark, 363 Pa.Super. 356, 365, 526 A.2d 383, 388 (1987).

After the victim’s body had been discovered, police conducted interviews with members of the victim’s family and obtained information which caused their investigation to focus on appellant, the victim’s brother-in-law. At or about 9:30 p.m. on February 12, 1988, the evening following the murder, Lieutenant Joseph Holmberg and Corporal Jeffrey Watson of the Pennsylvania State Police went to appellant’s home for the purpose of questioning him and executing a search warrant for his home. Upon being admitted by appellant’s wife, Holmberg asked appellant if he was willing to talk to the police. Appellant consented and led Holmberg and Watson into the kitchen, where they sat at the kitchen table. Holmberg told appellant that the police were not there to arrest him, that he did not have to answer any questions and that at any time he desired he could tell the police to leave his home. Appellant’s wife was permitted to be present during the questioning. In response to police questioning, appellant said that he had had a few beers with the victim on the previous evening, but had left the victim at the bar when he returned to his home. The police asked appellant if he owned a gun, and appellant replied that he owned a .357 revolver. The police asked appellant if they could see the gun, and he sent his wife to get it. She retrieved the gun from an upstairs room and handed it to Corporal Watson.

After being given the gun, the police informed appellant that they had a search warrant for his home and asked him if he would accompany them to the police station for additional questioning. Holmberg told appellant that he was not under arrest, that he was under no obligation to go to [213]*213the station and that, once at the station, appellant would be free to leave whenever he wished. According to Holmberg, appellant’s response was that he would be glad to go down to the police station.

Upon arrival at the police station, appellant was taken to an interview room and left alone for a few minutes with the door open. He was then presented with a “notification of non-arrest” form which provided as follows:

I, Samuel Ray REED, do hereby acknowledge that I have accompanied Lt. HOLMBERG and Cpl. WATSON of the Pa. State Police to the station at Rockview at their request and by my own choice.
I understand I am not under arrest and am free to leave at any time.
No promises have been made to me and I have not been threatened or coerced in any way.
I understand that I may stop talking or refuse to answer any particular question I choose not to answer.

The form was explained to appellant, and he indicated that he understood the form and signed it. He was then questioned by police about his activities on the previous day. He said that he had met the victim at the residence of the victim’s girlfriend, after which he and the victim had gone to a bar. The police questioned appellant regarding some inconsistent statements which he had made and revealed that they knew that the victim had been killed at 10:30 p.m. on the previous evening. They also disclosed that there had been a witness to the shooting. After this, appellant’s demeanor visibly changed and he asked, very slowly, whether the police knew who did it. The police continued to question appellant regarding his inconsistent statements, when, according to Lieutenant Holmberg, appellant “looked down at the floor and he kind of muttered, maybe I should get a lawyer.” In response, Holmberg motioned towards the door and again told appellant that he was free to go. Appellant sat silently for about a minute, and Holmberg then said to him “all we want is the truth.” Appellant then blurted out, “Okay I did it ... you got the times down [214]*214pretty close.” Appellant thereupon gave an oral confession to Holmberg and Watson in which he explained the details of the killing.

Following appellant’s oral confession, Holmberg informed him that he would be arrested and charged with criminal homicide. He also gave appellant the option of going home that evening and turning himself in the next morning. Instead, appellant agreed to remain and make a formal statement. He was then informed of his Miranda rights by Trooper Frederick Caldwell, who, after appellant had waived his rights, took a formal statement.2 Appellant [215]*215thereafter agreed to submit to arrest, and he was transported for preliminary arraignment.

The suppression court determined that appellant had not been in custody before Miranda warnings were given. The oral statements which he made during this period, therefore, were not subject to suppression because of the absence of such warnings. “Miranda warnings are necessary only on those occasions when a suspect is undergoing actual ‘custodial interrogation.’ ” Commonwealth v. Fento, 363 Pa.Super.

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Commonwealth v. Reed
583 A.2d 459 (Supreme Court of Pennsylvania, 1990)

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Bluebook (online)
583 A.2d 459, 400 Pa. Super. 207, 1990 Pa. Super. LEXIS 3382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-reed-pa-1990.