Light v. State

547 N.E.2d 1073, 1989 Ind. LEXIS 383, 1989 WL 155059
CourtIndiana Supreme Court
DecidedDecember 15, 1989
Docket61S00-8709-CR-861
StatusPublished
Cited by77 cases

This text of 547 N.E.2d 1073 (Light v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Light v. State, 547 N.E.2d 1073, 1989 Ind. LEXIS 383, 1989 WL 155059 (Ind. 1989).

Opinions

SHEPARD, Chief Justice.

A jury found appellant Randy P. Light guilty of murder, a felony. Ind.Code § 35-42-1-1 (Burns 1985 Repl.). The trial court sentenced him to the maximum term of 60 years in prison. We affirm.

When Cindy Lloyd Starr was last seen alive on August 27, 1986, she was with Randy Light. The two ventured to an area known locally as Fallen Rock, a heavily wooded area in Parke County across the county line from Brazil, Indiana.

[1076]*1076Once there, they engaged in sexual intercourse. According to Light’s responses during a tape-recorded interrogation, Light became enraged when Starr called him a “bastard” and other derogatory terms. Light reacted by striking Starr with an object resembling a tire iron. An autopsy revealed that Starr’s death was caused by three crushing blows to her face and head.

The State presented the deposition of a truck driver who died before trial. The truck driver stated that he observed Light’s brother, Gary, push the victim into a car earlier on the same day. Randy Light was already in the car. The three drove away. The truck driver said he observed that incident while following the truck route through Brazil. Pat Puff and Kimberly Snowden also saw Starr in this area at the same time.

The truck driver’s testimony was contradicted by a defense witness, the former chief of police in Brazil. He testified that if the truck driver followed the truck route, the truck driver would not have passed the intersection where he claimed to have seen Gary Light force the victim into a ear.

The victim’s nude and partially decomposed body was found September 6, 1986, in a ravine in the Fallen Rock area. Her head, neck, upper back and arms were charred.

Light raises ten issues in this direct appeal, the most important one being admissibility of his own statement to the police.

I. Admissibility of Light’s Statements

Light argues that the trial court erroneously admitted inculpatory statements, violating his fifth amendment right against self-incrimination and his fourteenth amendment right to due process.1 Light asserts that his statements made during custodial interrogation were not voluntarily given and therefore should have been excluded.

We review separately Light’s voluntary waiver of his right to remain silent and right to counsel under the Miranda doctrine. Although Light argues these issues together, they are subject to separate analysis.2

In reviewing the voluntariness of statements made by defendants, courts look at the “totality of the circumstances.” Blackburn v. Alabama, 361 U.S. 199, 206, 80 S.Ct. 274, 280, 4 L.Ed.2d 242, 248 (1960). Unlike the standard appellate review of sufficiency of the evidence, the standard of review for the voluntariness of confessions takes into consideration the total record. See id. Customarily a review for sufficiency of the evidence only looks to the evidence favorable to the verdict. Loyd v. State (1980), 272 Ind. 404, 398 N.E.2d 1260, cert. denied, 449 U.S. 881, 101 S.Ct. 231, 66 L.Ed.2d 105. A review of constitutional voluntariness is not a factual issue but “a legal question meriting independent consideration ...” Miller v. Fenton, 474 U.S. [1077]*1077104, 115, 106 S.Ct. 445, 452, 88 L.Ed.2d 405, 414 (1985).3

A review of voluntariness of statements made during a custodial interrogation involves looking at all the evidence. See Blackburn, 361 U.S. 199, 80 S.Ct. 274, 4 L.Ed.2d 242. Among the considerations are the defendant’s low level of intelligence, Davis v. North Carolina, 384 U.S. 737, 86 S.Ct. 1761, 16 L.Ed.2d 895 (1966); inconsistencies in the defendant’s statement, Clewis v. Texas, 386 U.S. 707, 87 S.Ct. 1338, 18 L.Ed.2d 423 (1967); explicit or implicit promises by police interrogators, Malloy v. Hogan, 378 U.S. 1, 84 S.Ct. 1489, 12 L.Ed.2d 653 (1964); and the coercive nature of the interrogation atmosphere, Blackburn, 361 U.S. 199, 80 S.Ct. 274, 4 L.Ed.2d 242

The question presented is whether the trial court erred by admitting the statements. The trial judge must determine that a confession was freely and voluntarily given before allowing a jury to hear it, and the judge’s “conclusion that the confession is voluntary must appear from the record with unmistakable clarity.” Sims v. Georgia, 385 U.S. 538, 544, 87 S.Ct. 639, 643, 17 L.Ed.2d 593, 598 (1967).

Recent U.S. Supreme Court opinions focus on two areas of inquiry: 1) whether the alleged coercive police activity violated the U.S. Constitution and 2) whether the defendant’s will was overborne by such coercive activity. Coercive police activity is a necessary prerequisite to finding a confession is not “voluntary” within the meaning of the due process clause of the fourteenth amendment. Colorado v. Connelly, 479 U.S. 157, 167, 107 S.Ct. 515, 522, 93 L.Ed.2d 473, 484 (1986). A review of the trial court’s decision essentially examines the defendant’s “will to resist,” Rogers v. Richmond, 365 U.S. 534, 544, 81 S.Ct. 735, 741, 5 L.Ed.2d 760, 768 (1961),4 which must not be overborne; nor can his “capacity for self determination [be] critically impaired.” Culombe v. Connecticut, 367 U.S. 568, 602, 81 S.Ct. 1860, 1879, 6 L.Ed.2d 1037, 1057-58 (1961). This analysis ultimately turns “on the effect of the totality of the circumstances on the defendant’s will.” United States v. Ballard, 586 F.2d 1060, 1062 (5th Cir.1978). It matters not whether the statement was true or false or even if there is ample evidence aside from the confession to support the verdict. See Rogers v. Richmond, 365 U.S. at 540-41, 81 S.Ct. at 739-40. What matters is only whether the statement would not have been given but for coercive government influences. See Blackburn, 361 U.S. 199, 80 S.Ct. 274, 4 L.Ed.2d 242.

Light argues that several factors militate against admitting his statements: Light’s lack of experience in police procedures, the privacy of the interrogation room, coercive psychological techniques employed by police, false legal advice given, his lower than average intelligence and illiteracy, inconsistencies in his statements and the explicit [1078]*1078or implicit promises made to him by police.

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Bluebook (online)
547 N.E.2d 1073, 1989 Ind. LEXIS 383, 1989 WL 155059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/light-v-state-ind-1989.