Maxwell v. State

839 N.E.2d 1285, 2005 WL 3556906
CourtIndiana Court of Appeals
DecidedDecember 30, 2005
DocketNo. 49A05-0504-CR-233
StatusPublished
Cited by1 cases

This text of 839 N.E.2d 1285 (Maxwell v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maxwell v. State, 839 N.E.2d 1285, 2005 WL 3556906 (Ind. Ct. App. 2005).

Opinion

OPINION

MAY, Judge.

Joshua Maxwell appeals his convictions of murder,1 confinement as a Class B felony,2 arson as a Class B felony,3 and theft as a Class D felony.4 He raises one issue, which we restate as whether the trial court erred by admitting his confessions into evidence. We affirm.

FACTS AND PROCEDURAL HISTORY

On September 10th, lith, and 12th of 2000, Maxwell and his girlfriend, Tessie [1287]*1287McFarland, confined Robby Bott, stole property from Bott's residence, forced Bott to buy items for them at Meijer, killed Bott by shooting him in the face and strangling him, put him in the trunk of his own car, and set Bott and his car on fire. Maxwell and McFarland then fled to California.

On October 17, 2000, police in San Francisco attempted to conduct a routine traffic stop of Maxwell and McFarland because their car had run a red light. A vehicle chase ensued, shots were fired, and Maxwell eventually crashed the car. McFarland was shot, and Maxwell sustained a one-and-a-half by two inch abrasion on the side of his forehead. Inside their vehicle, police discovered a 9 mm firearm.

Police took Maxwell to the station. Inspector Kelly Carroll of the San Francisco Police Department informed Maxwell he would stay with Maxwell until the other inspectors arrived for an interview. Carroll offered Maxwell a soda or water. Paramedics treated the small abrasion on his Maxwell's face from the crash, and then they left. During the time they waited, Inspector Carroll and Maxwell had a short conversation, but Carroll did not question Maxwell regarding the alleged crimes.

Thereafter, Inspector Tony Camilleri of the San Francisco Police Department arrived and advised Maxwell of his Miranda rights. Maxwell did not appear intoxicated, and he appeared to understand his rights. Maxwell agreed to speak with the officers and gave a taped interview. In the interview Maxwell admitted purchasing merchandise with Bott's credit cards, stealing from Bott, confining Bott, shooting Bott in the head, killing Bott, and setting Bott's body on fire.

Less than two hours later, Maxwell gave a second videotaped confession to Inspector Casillas of the San Francisco Police Department. This confession was essentially the same as the first.

Then, about two hours after the second confession, Maxwell discussed the case via speaker phone with Captain Joel Rush of the Speedway, Indiana, Police Department. Maxwell detailed the crimes he committed against Bott, and San Francisco police videotaped this confession as well.

The State charged Maxwell with murder, confinement, arson, and theft. Maxwell filed a motion to suppress the videotaped confessions, and the trial court denied that motion. At trial, the State offered as evidence the three videotapes of Maxwell confessing. Over Maxwell's objection, the court admitted the videotapes. The jury found Maxwell guilty as charged. The court sentenced Maxwell to sixty-five years for murder, three years for confinement, twenty years for arson, and three years for theft. It then ordered all those sentences served consecutively.

DISCUSSION AND DECISION

The admission of evidence is left to the discretion of the trial court, and we reverse only for an abuse of that discretion. See Packer v. State, 800 N.E.2d 574, 578 (Ind.Ct.App.2008) (defendant's argument regarding denial of his motion to suppress more appropriately framed as error in admission of evidence at trial), trans. denied 812 N.E.2d 795 (Ind.2004). An abuse of discretion has occurred only if the trial court's decision is clearly against the logic and effect of the facts and cireumstances before the court. Id.

When a defendant challenges the admissibility of a confession, the State has the burden to prove beyond a reasonable doubt the statement was voluntarily given. Fields v. State, 679 N.E.2d 18315, 1320 (Ind.1997). Maxwell signed a waiver of rights form; however, a "signed waiver is [1288]*1288not conclusive evidence of a knowing, intelligent and voluntary waiver." Houchin v. State, 581 N.E.2d 1228, 1231 (Ind.1991) (overruled on other grounds by Smith v. State, 689 N.E.2d 1238 (Ind.1997)). Rather the trial court, and courts on appeal, must consider the totality of the circumstances surrounding the confession. Fields, 679 N.E.2d at 1820.

"A court may not admit involuntarily given statements into evidence." Id. Rather, a court must safeguard a defendant's right not to confess due to " 'inducement, violence, threats or other improper influences'" that " 'overcome the free will of the accused.'" Id. (quoting Collins v. State, 509 N.E.2d 827, 880 (Ind.1987)).

When we review a trial court's determination regarding the voluntariness of a statement, we must find "the determination clearly appears in the record." Id. We consider the evidence supporting the trial court's decision and "any unrefuted evidence in the defendant's favor." Houchin, 581 N.E.2d at 12831.

A. Missouri v. Seibert

First, Maxwell analogizes his situation to that in Missouri v. Seibert, 542 U.S. 600, 124 S.Ct. 2601, 159 L.Ed.2d 648 (2004). The Supreme Court summarized that case as follows:

This case tests a police protocol for custodial interrogation that calls for giving no warnings of the rights to silence and counsel until interrogation has produced a confession. Although such a statement is generally inadmissible, since taken in violation of Miranda v. Arizona, 384 U.S. 486 [86 S.Ct. 1602, 16 L.Ed.2d 694] ... (1966), the interrogating officer follows it with Miranda warnings and then leads the suspect to cover the same ground a second time. The question here is the admissibility of the repeated statement. Because this midstream recitation of warnings after interrogation and unwarned confession could not effectively comply with Mi-ranmda's constitutional requirement, we hold that a statement repeated after a warning in such circumstances is inadmissible.

Id. at 604, 124 S.Ct. 2601.

Maxwell acknowledges his situation is not exactly like Seibert, because Maxwell did not confess to committing the crime prior to the officers giving him his Mi-ramnda warnings. Nevertheless, he believes we should extend Seibert to cover situations where police have any conversation with a suspect without giving the Miranda warnings. Under the facts herein, we decline his invitation.

Not only did Maxwell not confess prior to being given his Miranda warnings, the record contains no suggestion any officer interrogated 5 Maxwell prior to giving him Miranda warnings. During the hearing on the motion to suppress, Inspector Carroll gave the following testimony regarding his time with Maxwell prior to Miranda warnings:

Q. I'm sorry-inspector. And when that-before this taped statement began did you have conversation with Mr. Maxwell?
A. Yes.
Q. Okay. Was that then before he was formally advised of his Miranda warnings?

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Bluebook (online)
839 N.E.2d 1285, 2005 WL 3556906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maxwell-v-state-indctapp-2005.