State v. Conger

434 N.W.2d 406, 1988 Iowa App. LEXIS 298, 1988 WL 142053
CourtCourt of Appeals of Iowa
DecidedOctober 20, 1988
DocketNo. 87-1330
StatusPublished
Cited by8 cases

This text of 434 N.W.2d 406 (State v. Conger) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Conger, 434 N.W.2d 406, 1988 Iowa App. LEXIS 298, 1988 WL 142053 (iowactapp 1988).

Opinion

DONIELSON, Presiding Judge.

Following a jury trial, defendant appeals his conviction for theft in the second degree and for operating while intoxicated. These charges arose out of an accident where defendant struck a deputy sheriffs patrol car. Defendant claims the district court erred by: 1) denying his motion to suppress so that his conviction was improperly based on statements made while he was not competent; and 2) instructing the jury in a fashion that allowed the jury to convict him of theft with less than a unanimous verdict.

Defendant was involved in an automobile accident with a deputy sheriffs patrol car on January 31, 1987. Conger was found hitchhiking an eighth of a mile from the accident scene. He had facial wounds and was taken to the scene to be questioned. Conger gave various explanations for his presence. He went into shock and quit breathing. He was given mouth-to-mouth resuscitation by a nurse who was at the scene. At the hospital, Conger admitted to a friend that he had hit a patrol car. A wrecked pickup truck was found near the scene of the accident with splatters of defendant’s blood type on it. The pickup was found to have been stolen earlier that evening. Defendant was charged with operating while intoxicated, in violation of Iowa Code section 321J.2, and theft in the second degree, in violation of Iowa Code section 714.2(2).

At trial, Conger testified that he had been hitchhiking and was picked up by the driver of the pickup. The jury returned a verdict of guilty on both counts. Conger now appeals his conviction. In reviewing this claim, we make an independent de novo review of the totality of circumstances. State v. Hodges, 326 N.W.2d 345, 347 (Iowa 1982).

Defendant contends the trial court erred by denying defendant’s motion to suppress so that his conviction was improperly based on statements made while he was not competent. Conger claims that statements he made at the scene of the accident and at the hospital should have been suppressed because of his injuries and physical and mental state. He argues that the statements were not voluntary because his capacity for self-determination was impaired. [408]*408These statements conflicted with the testimony Conger gave at trial.

I.

The court in State v. Hodges, 326 N.W.2d 345, 347 (Iowa 1982), outlined many of the principles that apply to incul-patory statements. The test for determining the admissibility of inculpatory statements is voluntariness. Culombe v. Connecticut, 367 U.S. 568, 602, 81 S.Ct. 1860, 1879, 6 L.Ed.2d 1037, 1057 (1961). This court examines the totality of the circumstances to determine whether officers have exercised coercion so as to render statements involuntary.

The totality of the circumstances is a test which encompasses many factors based on the individual case. State v. Cullison, 227 N.W.2d 121, 127 (Iowa 1975). Both the characteristics of the accused and the details of the interrogation process are considered. Id. The court determines the facts surrounding the inculpatory statement, assesses their psychological impact on defendant, and evaluates the legal significance of defendant’s responses. Id. The State has the burden to show by a preponderance of the evidence that the statement was voluntary. State v. Snethen, 245 N.W.2d 308, 311 (Iowa 1976).

There are many factors to be considered under the totality of the circumstances, but no one factor is determinative. Hodges, 326 N.W.2d at 348. Among these factors are:

The defendant’s knowledge and waiver of his Miranda rights, the defendant’s age, experience, prior record, level of education and intelligence, the length of time defendant is detained and interrogated, whether physical punishment was used, including the deprivation of food or sleep, defendant’s ability to understand the questions, the defendant’s physical and emotional condition and his reaction to the interrogation, whether any deceit or improper promises were used in gaining the admissions, and any mental weakness the defendant may possess.

State v. Whitsel, 339 N.W.2d 149, 153 (Iowa 1983). Coercive police activity is a necessary predicate to finding that a confession is not voluntary within the meaning of the due process clause of the fourteenth amendment. Colorado v. Connelly, 479 U.S. 157, 107 S.Ct. 515, 522, 93 L.Ed.2d 473, 484 (1986).

The district court overruled defendant’s motion to suppress statements made to Clyde Klave, Roger Mott, Roberta Bettis, and Phillip Bishop. We do not need to consider statements made to Clyde Klave because defendant failed to preserve error. Klave testified about these statements at trial only upon cross examination by defense counsel. Furthermore, the statements were not inconsistent and thus not prejudicial.

The other statements at issue were obtained at the scene of the accident and later at the hospital. Defendant first came into contact with law enforcement officials when he was picked up hitchhiking near the scene of the accident which was under investigation. The officer noticed facial injuries on Conger and asked him to accompany him back to the accident scene.

At the accident site, another officer, Deputy Mott, noticed Conger’s injuries and asked him what had happened. Defendant said he was riding in a blue Nova and was thrown out. Two others who were riding in the vehicle left without the defendant. Mott testified that he was mainly concerned about defendant’s injury and did not consider him a suspect at this point. Mott said that the defendant understood the question asked and gave understandable responses. Defendant’s physical condition at this point included some blood on his face, but no profuse bleeding.

At the time Deputy Mott questioned Conger, there was no coercion. Defendant voluntarily answered the questions about his injuries. These statements were the products of a rational intellect and a free will. State v. Hatter, 414 N.W.2d 333, 338 (Iowa 1987).

The second group of statements were made to a nurse who happened upon [409]*409the scene, Roberta Bettis. At one point she administered mouth-to-mouth resuscitation to restore defendant’s breathing. Then to check his consciousness, Bettis began asking him questions such as his name and address. Bettis testified that he was awake and responding to her questions. She also said that Conger volunteered some additional statements about being in a lot of trouble and that the girls left him there.

Nurse Bettis was employed by John Deere and only appeared at the scene by chance. She was responding to defendant’s medical needs when he spoke to her. These statements were not the result of coercive police action. These statements were not violative of the due process clause. Connelly, 479 U.S. at 167, 107 S.Ct. at 522, 93 L.Ed.2d at 484. Therefore these statements were properly admitted.

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Bluebook (online)
434 N.W.2d 406, 1988 Iowa App. LEXIS 298, 1988 WL 142053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-conger-iowactapp-1988.