Raul Rudy Sotelo v. Indiana State Prison and Linley E. Pearson, Attorney General of the State of Indiana

850 F.2d 1244, 1988 U.S. App. LEXIS 9162, 1988 WL 67075
CourtCourt of Appeals for the Seventh Circuit
DecidedJune 29, 1988
Docket87-2191
StatusPublished
Cited by61 cases

This text of 850 F.2d 1244 (Raul Rudy Sotelo v. Indiana State Prison and Linley E. Pearson, Attorney General of the State of Indiana) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Raul Rudy Sotelo v. Indiana State Prison and Linley E. Pearson, Attorney General of the State of Indiana, 850 F.2d 1244, 1988 U.S. App. LEXIS 9162, 1988 WL 67075 (7th Cir. 1988).

Opinions

KANNE, Circuit Judge.

Raul Rudy Sotelo was convicted by a state court jury in Indiana of the first degree murder of a young girl, and was sentenced to life imprisonment. He appeals the district court’s denial of his writ of habeas corpus, contending that his confession was involuntary and that he was denied effective assistance of counsel during the state court trial. We affirm the district court on the issue of the voluntariness of Sotelo’s confession. We do not have jurisdiction over his appeal regarding the effective assistance of counsel issue. The conduct which now forms the basis of Sotelo’s claim of ineffective assistance of counsel was not presented for review by the Indiana state court.

I. BACKGROUND

On September 27,1973, a twelve-year old girl was found murdered in an isolated part of a cemetery in Lake County, Indiana. The body of the girl was unclad and her head had been crushed. On the day she was murdered, she had been seen in the company of Raul Rudy Sotelo, an eighteen-year old steel worker.

Two days later, in the afternoon of September 29, 1973, investigating officers of the Lake County, Indiana Sheriff’s Department interviewed Sotelo at his home concerning the murder. Sotelo denied any knowledge of the matter. The officers left after about ten minutes but indicated that they would be back to obtain a written statement. Later that evening the officers returned to Sotelo’s home. Sotelo agreed to accompany the officers to the Lake County Sheriff’s Department.

After arriving at the Sheriff’s Department, Sotelo sat in a locked hallway/waiting room for two hours while another suspect was questioned. Then Sotelo, accompanied by his mother, went with the officers to the detective bureau. There he was given the Miranda warnings and signed a written waiver of rights. With his mother present, Sotelo was then questioned intermittently. A typed statement was prepared at one point and Sotelo signed the statement in which he denied having any[1246]*1246thing to do with the death of the girl. Thereafter, Sotelo was again verbally advised of his rights and the questioning continued — with the officers now disputing So-telo’s story. Sotelo continued to deny any involvement in the death of the girl. The officers told Sotelo that they did not believe him because of contradictory statements from other witnesses. One of the officers suggested that a lie detector test could be taken and Sotelo requested that one be given to him. The questioning then ended approximately two hours after it began and Sotelo was placed in custody pending a probable cause hearing.

Late the next morning, September 30, 1973, arrangements were made for Sotelo to take a polygraph examination in the office of a private polygraph examiner. The officers transported Sotelo to the polygraph examiner’s office and again gave him the Miranda warnings. Sotelo was also advised that he did not have to submit to a polygraph examination. Sotelo nevertheless agreed to go forward with the test. The polygraph examination was administered to Sotelo while the officers watched in another room on closed circuit television.

When the initial testing had been completed by another operator, the reviewing polygraph examiner was of the opinion that Sotelo was not being truthful. Sotelo was then questioned by the examiner. It was at this point that Sotelo first confessed to the murder. One of the detectives was then called into the examination room. So-telo declined to have the Miranda warnings read again, and he repeated his confession to the officer. Sotelo was returned to the detective bureau where he again signed a waiver of his rights as well as a written confession indicating that he had repeatedly run over the young girl with his automobile after she refused to have sex with him. The police interrogation was tape recorded and the polygraph examination and questioning were video recorded.

Sotelo’s written confession was introduced at trial. He was convicted and sentenced to life imprisonment. His direct appeal to the Indiana Supreme Court was unsuccessful1 as was his appeal from denial of post-conviction relief.2 Thirteen years later, Sotelo raised two claims in federal district court in his petition for a writ of habeas corpus under 28 U.S.C. § 2254. First, Sotelo argued that his confession was not voluntary3 and, second, that he was denied effective assistance of counsel because his attorney declined to delete references in his written confession to the lie detector test. Both claims were rejected by the district court. We now address each claim in turn.

II. CONFESSION

In his § 2254 petition, Sotelo alleged that he was improperly coerced into giving a [1247]*1247confession by the use of a polygraph examination. When presenting his case in district court, Sotelo focused his claim of an involuntary confession on the conduct of the polygraph examiner. Notwithstanding that focus in district court, however, Sotelo now claims on appeal that another factor also rendered his confession involuntary— specifically, he claims certain statements made by the police officers during his interrogation were false and thus coercive.

As to our standard of review, we have stated that the ultimate issue of the volun-tariness of a confession is a legal question requiring de novo review. United States v. Hawkins, 823 F.2d 1020, 1022 (7th Cir.1987).4 It is the responsibility of an appellate court on review to “independently evaluate the admissibility of the confession” with regard to whether it was voluntarily given. Miller v. Fenton, 474 U.S. 104, 118, 106 S.Ct. 445, 454, 88 L.Ed.2d 405 (1985).5 The Court mandated that the voluntariness of a confession is no longer an issue of fact presumed to be correct under 28 U.S.C. § 2254(d). Id.6 See also, Miller v. Fenton, 796 F.2d 598, 601 (3rd Cir.1986) (on remand: an independent appellate examination is required to determine whether a challenged confession is voluntary). Because we must conduct a plenary review of the record, our examination of the volun-tariness of Sotelo’s confession must include, not only the claim of coercive conduct by the polygraph examiner argued in the district court, but also Sotelo’s belated claim submitted to us, that the police interrogation was improper.

In our review of the state court record, as in the review of the record by the district court, when the issue of the voluntariness of a confession comes into play under § 2254, we follow the rule that “the federal courts are to presume state court factual findings are correct, if these findings are made after a hearing on the merits, and are fairly supported by the record.” Perri v. Director, Dept. of Corrections, 817 F.2d 448, 450 (7th Cir.1987), Estock v. Lane, 842 F.2d 184, 186 (7th Cir.1988). See generally Wainwright v. Witt, 469 U.S. 412, 426-430, 105 S.Ct. 844, 853-855, 83 L.Ed.2d 841 (1985).

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

Related

Eric Hodkiewicz v. Chris Buesgen
998 F.3d 321 (Seventh Circuit, 2021)
Clark v. Pfister
N.D. Illinois, 2019
Carrion v. Butler
835 F.3d 764 (Seventh Circuit, 2016)
Francisco Carrion v. Kim Butler
Seventh Circuit, 2016
United States v. White
53 F. Supp. 3d 1101 (N.D. Indiana, 2014)
David Ortiz v. Domingo Uribe, Jr., Warden
671 F.3d 863 (Ninth Circuit, 2011)
Johnson v. Pollard
559 F.3d 746 (Seventh Circuit, 2009)
United States v. Montgomery
555 F.3d 623 (Seventh Circuit, 2009)
McDade v. Molina
71 F. Supp. 2d 903 (C.D. Illinois, 1999)
Daniel A. Johnson v. Charles Miller
82 F.3d 420 (Seventh Circuit, 1996)
United States v. Charles Baldwin
60 F.3d 363 (Seventh Circuit, 1995)
Stewart v. Peters
878 F. Supp. 1139 (N.D. Illinois, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
850 F.2d 1244, 1988 U.S. App. LEXIS 9162, 1988 WL 67075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raul-rudy-sotelo-v-indiana-state-prison-and-linley-e-pearson-attorney-ca7-1988.