Pokrzywinski v. State

551 So. 2d 1172, 1989 Ala. Crim. App. LEXIS 638, 1989 WL 100477
CourtCourt of Criminal Appeals of Alabama
DecidedJune 30, 1989
Docket8 Div. 77
StatusPublished
Cited by1 cases

This text of 551 So. 2d 1172 (Pokrzywinski v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pokrzywinski v. State, 551 So. 2d 1172, 1989 Ala. Crim. App. LEXIS 638, 1989 WL 100477 (Ala. Ct. App. 1989).

Opinion

TAYLOR, Presiding Judge.

The appellant, Randall Ray Pokrzywin-ski, was convicted of the murder of Vernon Edwards during a robbery in the first degree, a capital offense as defined by § 13A-5-40(a)(2), Code of Alabama 1975. He was sentenced to life imprisonment without parole.

The state’s evidence tended to show that on June 14, 1987, Vernon Edwards was found dead in his trailer. He had been shot in the neck with a shotgun.

At trial, Tammy Foust testified that on June 13, 1987, she went to Edwards’s trailer with her daughter. Edwards asked her to stay and eat with him and a couple of friends. Foust agreed, and then left to take her daughter to a babysitter. Upon returning, she and Edwards began drinking beer and “snorting cocaine.” Later, Foust went into Edwards’s trailer and Edwards followed her. He started “jerking her pants down.” Foust managed to get away and then went looking for a friend, Tim Byrd. After finding Byrd and Tammy Austin, they all went to Austin’s trailer. Foust then related what had happened at Edwards’s trailer.

Tammy Austin lived with appellant Pok-ryzwinski, David Dean Walker, and Diana Jones. When they arrived at their trailer, they all started to drink and “do drugs.” Foust overheard the appellant and Walker taking about murdering Edwards. Foust then heard Walker ask Austin, “Baby, where’s my sawed-off?”

Appellant, Walker, and Mike Worley left their trailer, saying that they were going to kill Edwards. Byrd, Austin, and Foust followed them and saw appellant and Walker drive up and park outside Edwards’s trailer. Byrd then went back to Walker’s trailer. Byrd testified that Walker came back in the trailer saying, “He’s wasted, he’s wasted.” Walker also threatened everyone present, saying that if they told he would kill them. The next day Byrd and Foust related what had happened to Sergeant Franklin of the Madison County Sheriff’s Department.

A statement made by appellant and read into evidence at trial stated that he and Walker went over to Edwards’s because he had been sexually harassing Tammy Austin, Tammy Foust, and Diana Jones. He said that when he and Walker arrived at Edwards’s trailer, Walker went up to the door and seconds later came back to get the appellant, who was waiting in the car. They both went into the trailer and waited for Edwards to return from the bathroom. Appellant proceeded to put the shotgun he was carrying in Edwards’s face. Walker told Edwards that he wanted all of his money. Edwards gave them two $100 bills. After this, Walker repeatedly told appellant to shoot Edwards, which he proceeded to do. The two men then left the trailer and threw the shotgun in the Flint River. Appellant raises three issues.

I

Appellant argues that the trial court erroneously received his confession into evidence. “Before an accused’s confession can be received into evidence against him, both voluntariness and a Miranda predicate must be shown.” Whitlow v. State, 509 So.2d 252, 254 (Ala.Cr.App.1987). In [1174]*1174the present case, Sergeant Franklin and Investigator Widener testified that the appellant was apprised of his Miranda rights. Also, appellant was not promised anything or threatened in any way to induce him to make a statement. The record clearly shows that the appellant was read his Miranda rights. Now, we must look to the voluntariness of his statement.

“ ‘A confession is presumed to be involuntary. Before its admission into evidence there must be evidence addressed to the trial judge sufficient to rebut that presumption and a showing that the confession was made without influence of either hope or of fear, unless the attending circumstances affirmatively disclose the voluntariness of the confession. Wallace v. State, 290 Ala. 201, 275 So.2d 634 (1973); Bush v. State, 282 Ala. 134, 209 So.2d 416 (1968). In order to be admissible a confession must be free and voluntary and cannot be the result of any direct or implied promises, however slight. Malloy v. Hogan, 378 U.S. 1, 84 S.Ct. 1489, 12 L.Ed.2d 653 (1964); Shotwell Mfg. Co. v. United States, 371 U.S. 341, 83 S.Ct. 448, 9 L.Ed.2d 357 (1963); Bell v. Alabama, 5 Cir., 367 F.2d 243, cert. denied, 386 U.S. 916, 87 S.Ct. 859, 17 L.Ed.2d 788 (1966); Wallace, supra. The question of whether a confession was obtained by coercion or improper inducement can be determined only by examination of all the attendant circumstances. Boulden v. Holman, 394 U.S. 478, 89 S.Ct. 1138, 22 L.Ed.2d 433 (1969); Wallace, supra. Each case must stand or fall on its own merits for the constitutional inquiry into the issue of voluntariness requires more than'a mere ‘color-matching of cases.’ Beecher v. Alabama, 389 U.S. 35, 88 S.Ct. 189, 191, 19 L.Ed.2d 35 (1967). The true test of determining whether extrajudicial confessions are voluntary is whether the defendant’s will was overborne at the time he confessed and therefore not the product of a rational intellect and a free will. Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963); Elliott v. State, 338 So.2d 483 (Ala.Cr.App.1976).’ Eakes v. State, 387 So.2d 855, 858-59 (Ala.Cr.App.1978). (Emphasis added).”

Mitchell v. State, 508 So.2d 1196, 1198 (Ala.Cr.App.1986).

Appellant states that he was under the influence of drugs at the time he made the statement. “In order for intoxication to render a confession inadmissible, it must be shown that the mind would have been impaired substantially.” Palmer v. State, 401 So.2d 266, 268 (Ala.Cr.App.), writ denied, 401 So.2d 270 (Ala.1981), cert. denied, 455 U.S. 922, 102 S.Ct. 1280, 71 L.Ed.2d 463 (1982). “The degree of intoxication which would affect the voluntariness of a statement is a question of fact initially addressed to the trial court and depending upon its ruling, then to the jury for its consideration.” Tice v. State, 386 So.2d 1180, 1185 (Ala.Cr.App.), writ denied, 386 So.2d 1187 (Ala.1980).

The trial court heard the testimony of Sergeant Franklin, who took appellant’s statement. Sgt. Franklin stated that Po-krzywinski appeared to be sober. Also, Sergeant Franklin had ample time to view the appellant. Before giving his statement, appellant told the sergeant about his background. Then, when Sgt. Franklin was taking his statement, he wrote down each sentence and read it back to the appellant. During the whole encounter the appellant appeared to be nervous, but otherwise unimpaired. Investigator Widener also testified to these facts.

At trial, appellant stated that he had taken between 15 and 20 Valium tablets some 20 minutes before talking with the police. He maintained that he had no recollection whatsoever of making a statement to law enforcement officials.

The judge heard all the evidence and chose to believe the law enforcement officers’ version. The trial judge’s ruling is supported by the evidence.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Pokrzywinski v. State
581 So. 2d 880 (Court of Criminal Appeals of Alabama, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
551 So. 2d 1172, 1989 Ala. Crim. App. LEXIS 638, 1989 WL 100477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pokrzywinski-v-state-alacrimapp-1989.