Hoy v. Rhay

342 P.2d 607, 54 Wash. 2d 508, 1959 Wash. LEXIS 425
CourtWashington Supreme Court
DecidedJuly 23, 1959
DocketNo. 34542
StatusPublished
Cited by2 cases

This text of 342 P.2d 607 (Hoy v. Rhay) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hoy v. Rhay, 342 P.2d 607, 54 Wash. 2d 508, 1959 Wash. LEXIS 425 (Wash. 1959).

Opinion

Donworth, J.

In June, 1956, a petition was filed in this court by Lawrence Hoy and Robert McGrath, inmates of the state penitentiary at Walla Walla, for a writ of habeas corpus. Since the time of the original filing of this petition, Merle E. Schneckloth, superintendent of the state penitentiary at Walla Walla, was succeeded by B. J. Rhay on January 16, 1957. Upon stipulation of counsel for the parties, this court entered an order substituting B. J. Rhay as respondent in lieu of Merle E. Schneckloth. On the twenty-first of November, 1956, this court entered an order directing the superior court of Whatcom county to hold a hearing [510]*510and dispose of the issues tendered in relation to the petition, subject to the right of appeal.

In compliance with this order, a hearing was held before the superior court of Whatcom county, which lasted four and one-half days. Hoy and McGrath (whom we shall also refer to as petitioners) were personally present at the hearing and were represented by counsel. At the close of the hearing, the trial court rendered an oral decision, made findings of fact and conclusions of law, and entered an order dismissing the petition. Petitioners’ motion for a rehearing was denied after argument, and they have appealed to this court.

The appeal comes to us with eleven assignments of error, which are much too lengthy to list separately. The principal question raised by the assignments is whether petitioners’ plea of guilty to grand larceny was the result of coercion or not.

The statement of facts comprises 538 pages, and, as one might expect in a case of this nature, much of the testimony is sharply conflicting. However, the record established the following facts.

Evelyn Hoy, Muriel Burchill, and petitioners (all residents of Canada) were arrested and jailed in Bellingham on February 12, 1955. Evelyn Hoy is the alleged common-law wife of Lawrence Hoy and Miss Burchill is the alleged fiancee of Douglas McGrath. On February 17, petitioners and Evelyn Hoy were charged in the superior court for Whatcom county with the crimes of second-degree burglary in one count and grand larceny in two counts. Miss Burchill was separately charged as an accessory! On April 7, Mr. Hoy and the two women entered pleas of not guilty to all charges and Mr. McGrath requested the court to appoint counsel for him.

On the morning of April 12, the county jailer and Miss Burchill took a razor blade from Evelyn Hoy. That afternoon, Mr. Asmundson, who had been acting as counsel for both Mr. Hoy and Evelyn Hoy, conferred with them concerning their case. At this meeting, it was.quite apparent [511]*511that there had been a substantial deterioration in the mental condition of Evelyn Hoy.' She appeared listless, showed no interest in anything discussed, and seemed to be without comprehension generally. Her appearance upset Mr. Hoy, who claims that he told Mr. Asmundson that he was going to change his plea to guilty because the police officers -had promised the men that-the women would be released if they (Hoy and McGrath) would plead guilty to any one of the three counts in the information.

Mr. Asmundson’s testimony tended to corroborate the mental condition of Evelyn Hoy and the deep concern of Mr. Hoy. However, he was unable to recall any statement by Mr. Hoy relating to any promises alleged to have been made by the police officers. The pertinent portion of As-mundson’s testimony, on cross-examination, is as follows:

“ . -. . about all I can recall about that visit or of that visit is that Mr. Hoy expressed some concern about his wife’s condition. He did tell me he was concerned about her. If I remember correctly, he made some statement to the effect that he was, he would clear her of this whole mess so that she would get out. I can’t tell you in what words he said it, but at least that’s the understanding I got from him.”

On the evening of April 12, petitioners, of their own volition, sent for Mr. Moreau, a Bellingham police detective who was handling their case, and gave him written confessions wherein they admitted their own guilt and absolved the women from any participation in, or knowledge of, the crime.

The next morning, April 13, Evelyn Hoy attempted suicide by slashing both wrists with a razor blade. That afternoon, petitioners appeared in open court, where Mr. Hoy withdrew his original plea of not guilty to all three counts, and then, along with McGrath, pleaded guilty to count III, which reads as follows:

“That on or about the 30th day of January, 1955, said de-fendánts Robert J. McGrath, Lawrence D. Hoy and Evelyn Hoy, also known as Evelyn Bennett, and each of them, then and there being in the City of Bellingham, Whatcom County, Washington, did wilfully, unlawfully and feloni-[512]*512ously receive and aid in concealing or withholding property belonging to another, to-wit: the sum of approximately $300.00 in lawful money of the United States of America, knowing the same to have been wrongfully appropriated in such a manner as to constitute larceny under the statutes of this state, and with intent to deprive or defraud the owner thereof.”

After hearing the evidence and interrogating the petitioners, the court imposed judgment and sentence upon petitioners consisting of confinement in the penitentiary at Walla Walla for not more than fifteen years. The charges against Miss Burchill were then dismissed and she was released from custody. On April 15, 1955, Evelyn Hoy was found to be insane and was committed to Northern State Hospital in Sedro-Woolley by order of the superior court for Whatcom county.

It is now the contention of petitioners that they had no intention of making confessions and entering pleas of guilty, but that their confessions and pleas were coerced by the police officers’ continual questioning, heckling, and mistreatment of the women, as a result of which Evelyn Hoy eventually became insane and Miss Burchill developed a nervous condition. Thus the petitioners, as human beings, were left no alternative but to confess and enter pleas of guilty so that the women could go free.

Petitioners also claim that they were not in fact represented by counsel and that the police officers threatened them with imprisonment for forty-five years if the case went to trial before a jury. It is further asserted that, in return for their pleas of guilty, petitioners were promised that the women would be released, that the charges against petitioners would be withdrawn and a single accessory charge substituted therefor, and that the prosecutor and the judge would recommend to the parole board a low minimum sentence so that petitioners would have to serve only about eight months.

All of petitioners’ contentions raise questions of fact which were resolved against them by the trial court. In finding of fact No. 2, the court found:

[513]*513“That on the 13th day of April, 1955, the petitioner Robert J. McGrath, appeared in open court in person and with his attorney, Mr. William A. Gardner, and the petitioner Lawrence D. Hoy appeared in person and with his attorney, T. B. Asmundson; that the following colloquy took place: ‘The Court: Mr. McGrath, at your request the Court appointed counsel to represent you, and you are now in Court with your counsel so appointed by the Court. Has your attorney explained to you all your rights? Defendant McGrath: Yes, sir. The Court: You understand the difference between pleas? Defendant McGrath: Yes, sir.

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Related

Honore v. Washington State Board of Prison Terms & Paroles
466 P.2d 485 (Washington Supreme Court, 1970)

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Bluebook (online)
342 P.2d 607, 54 Wash. 2d 508, 1959 Wash. LEXIS 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoy-v-rhay-wash-1959.