Purcell v. State

418 N.E.2d 533, 1981 Ind. App. LEXIS 1321
CourtIndiana Court of Appeals
DecidedMarch 30, 1981
DocketNo. 3-1179A317
StatusPublished
Cited by5 cases

This text of 418 N.E.2d 533 (Purcell 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
Purcell v. State, 418 N.E.2d 533, 1981 Ind. App. LEXIS 1321 (Ind. Ct. App. 1981).

Opinions

ON PETITION FOR REHEARING

STATON, Judge.

This Court affirmed the conviction of Terry W. Purcell for the offense of conversion. Purcell v. State (1980), Ind.App., 406 [535]*535N.E.2d 1255. In that opinion, we decided a statement obtained in contravention of the Lewis mandates1 could be used for the purpose of impeachment. In Purcell’s petition for rehearing, he contends that this Court erred in not addressing the issue of “volun-tariness.” The Lewis mandates and the issue of voluntariness — though inherently intertwined 2 — involved two analytically distinct issues. In our opinion affirming Purcell’s conviction, we limited our discussion to the issue of the admissibility. This opinion will analyze the issue of voluntariness.

The apparent thrust of Purcell’s petition for rehearing is that a statement obtained in violation of Lewis is necessarily not a “voluntary” statement. This argument is clearly in error. As we stated in our original opinion, supra, 406 N.E.2d at 1259:

“Lewis prescribes in effect, therefore, the procedures to be used by police in implementing the Miranda rights to juveniles with respect to custodial interrogation.”

The Miranda rights are guidelines and procedural mandates implemented as a prophylactic measure to prevent police abuses regarding custodial interrogations. Michigan v. Tucker (1974), 417 U.S. 433, 94 S.Ct. 2357, 41 L.Ed.2d 182; Miranda v. Arizona (1966), 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694. In Lewis, the Court held that the rule instituted therein “lays down a concrete and specific procedure for the authorities to follow. . . . ” 259 Ind. at 440, 288 N.E.2d at 143.

These procedural mandates are not of constitutional dimensions. Michigan v. Tucker, supra; Miranda v. Arizona, supra. Voluntariness, on the other hand, is of constitutional dimensions based upon the precept of due process of law. Miranda v. Arizona, supra; Bram v. United States (1897), 168 U.S. 532, 18 S.Ct. 183, 42 L.Ed. 568. Miranda and Lewis are procedural safeguards to help insure that statements are voluntary. A violation of Miranda is not synonymous with a violation of the voluntariness standards. Michigan v. Tucker, supra. A statement may be inadmissible under Miranda even though “voluntary” under traditional analysis. Michigan v. Mosley (1975), 423 U.S. 96, 96 S.Ct. 321, 46 L.Ed.2d 313; Miranda v. Arizona, supra; Mulry v. State (1980), Ind.App., 399 N.E.2d 413 (specifically contrasting Miranda rights from “voluntariness” under Indiana law).

For a statement tainted by the failure to meet the requirements of Miranda v. Arizona, supra, to be used collaterally in a criminal trial, the tainted statement must be judged voluntary under due process standards. Oregon v. Hass (1975), 420 U.S. 714, 95 S.Ct. 1215, 43 L.Ed.2d 570; Harris v. New York (1971), 401 U.S. 222, 91 S.Ct. 643, 28 L.Ed.2d 1. The tainted statement is admissible for collateral use, “provided of course that the trustworthiness of the evidence satisfies legal standards.” Harris, supra, 401 U.S. at 224, 91 S.Ct. at 645. As stated in Mincey v. Arizona (1978), 437 U.S. 385, 398, 98 S.Ct. 2408, 2416, 57 L.Ed.2d 290: “[A]ny criminal trial usé against a defendant of his involuntary statement is a denial of due process of law. . . . ” (original emphasis). To be admissible for impeachment purposes, the tainted statement must be voluntary in the sense of being “the product of a rational intellect and a free will....” (original emphasis). Id. at 398, 98 S.Ct. at 2417; Blackburn v. Alabama (1960), 361 U.S. 199, 208, 80 S.Ct. 274, 280, 4 L.Ed.2d 242; State v. Cooley (1974), 162 Ind.App. 482, 486, 319 N.E.2d 868, 870.

Likewise, where a statement is tainted because of the failure to meet the requirements of Lewis and is offered for impeachment purposes, the statement must otherwise meet the legal standards of trustworthiness required for admissibility.

In our opinion affirming Purcell’s conviction at Section II.A., Ind.App., 406 N.E.2d at 1259, we concluded:

[536]*536“[Statements obtained in contravention of the mandates of Lewis cannot be used in the prosecutor’s case in chief. If the juvenile defendant chooses to take the stand and testify, however, he does so with the risk of confrontation with any prior inconsistent statements including statements received in violation of the Lewis procedures.”

We add to this conclusion the following statement: These prior inconsistent statements must, of course, otherwise meet the legal standards of trustworthiness required for admissibility.

Indiana has codified voluntariness determinations. Ind.Code §§ 35-5-5-1 to 5 (1976 & Supp.1980). Section 5 defines confession — as used under these provisions — in part, as “any self-incriminating statement.” Thus, these provisions apply to the Purcell statement. See Purcell v. State, supra, Ind. App., 406 N.E.2d at 1258. Section 2 provides guidelines for the trial court in its determination whether a statement was made voluntarily:

“The trial judge in determining the issue of voluntariness shall take into consideration all the circumstances surrounding the giving of the confession, including but not limited to (1) the time elapsing between the arrest and arraignment' of the defendant making the confession, if it was made after arrest and before arraignment, (2) whether such defendant knew the nature of the offense with which he was charged or of which he was suspected at the time of making the confession, (3) whether or not such defendant was advised or knew that he was not required to make any statement and that any such statement could be used against him, (4) whether or not such defendant had been advised prior to questioning of his right to the assistance of counsel, and (5) whether or not such defendant was without the assistance of counsel when questioned and when giving such confession. The presence or absence of any of the above mentioned factors to be taken into consideration by the judge need not be conclusive on the issue of voluntariness of the confession.”

Ind.Code § 35 -5-5 -2.

Purcell filed a motion with the trial court for the suppression of the statement here in issuing alleging — among other reasons — the statement to have been obtained contrary to Lewis

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Related

State v. Caplinger
616 N.E.2d 793 (Indiana Court of Appeals, 1993)
Labine v. State
447 N.E.2d 592 (Indiana Supreme Court, 1983)
Barker v. State
440 N.E.2d 664 (Indiana Supreme Court, 1982)

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Bluebook (online)
418 N.E.2d 533, 1981 Ind. App. LEXIS 1321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/purcell-v-state-indctapp-1981.