State v. Davis

336 So. 2d 805
Supreme Court of Louisiana·Decided June 21, 1976·No. 57552·Published·Cited by 18 cases

Opinion

336 So.2d 805 (1976)

STATE of Louisiana, Appellee,
v.
Rodrick DAVIS, Appellant.

No. 57552.

Supreme Court of Louisiana.

June 21, 1976.
Rehearing Denied September 10, 1976.

*806 John G. Williams, Natchitoches, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Ronald C. Martin, Dist. Atty., R. Raymond Arthur, Asst. Dist. Atty., for plaintiff-appellee.

TATE, Justice.

The defendant appeals from three convictions of armed robbery, La.R.S. 14:64, and from concurrent sentences of seventy-five years on each of these charges. Upon his appeal, he urges nine assignments of error.

Context Facts

The robbery occurred at 10:00 a.m. in February, 1975. Two armed robbers entered a finance company office; they took objects of value (money, rings, watches) from each of the three people present in the office.

Based upon information that he was one of the robbers, the defendant Davis was arrested in Austin, Texas in April. He there admitted participation in the robbery and waived extradition to Louisiana.

Davis was then brought back to Natchitoches. Under separate interrogations by the city and the state police, he voluntarily confessed on each occasion to the present crime. (The occasion for the subsequent state police investigation arose from his participation in other crimes elsewhere.)

Assignment 1

By assignment 1, the admission of both of these confessions is attacked as erroneous.

Preliminarily, we note the lack of merit to a claim of coercion (an alleged threat against the defendant's girlfriend). The evidence produced by the state sustained its burden of proving beyond a reasonable doubt that the confessions were freely and voluntarily made without duress or coercion.

*807 The defendant also attacks the first (April 15) confession to the city police, however, because of the technical insufficiency of the warnings given to the defendant by the city police prior to his interrogation, under the requirements of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The warnings given by the city police were otherwise sufficient, but (as the defendant correctly points out)—even though the accused was informed of his right to an attorney and to have an attorney present during the questioning (as well as his right to an appointed attorney if and when he went to court)—, they did not inform him that during the questioning he had "a right to the presence of an attorney, either retained or appointed" 384 U.S. 444, 86 S.Ct. 1612. See United States ex rel. Williams v. Twomey, 467 F.2d 1248 (CA 7, 1972).

However, for reasons to be stated below, the convictions need not be reversed. Cf., Michigan v. Tucker, 417 U.S. 433, 94 S.Ct. 2357, 41 L.Ed.2d 182 (1974).

The second confession was given the following day (April 16) to the state police. We first note that, at the time, the state police did not know the contents of the confession to the city police, nor did they in any way use that first confession or the fact that it had been given as a basis of questioning to obtain the second confession. Furthermore, the Miranda warnings in this instance were fully adequate.

The defendant contends, however, that this second confession should be held inadmissible as the fruit or product of the first confession.

He argues, correctly in our opinion, that despite Miranda warnings a second confession is not "voluntary" if it is the fruit or product of an illegal first confession. In securing evidence, the state may not obtain a first statement by violation of constitutional safeguards, and then claim that a second confession secured by reason of the illegal first confession is admissible because (directly as the result of the first illegal admissions) the accused now again freely admits his guilt (since he has already "confessed", albeit the alleged confession is illegal and inadmissible). See Brown v. Illinois, 422 U.S. 590, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975).

Nevertheless, if the second confession is truly voluntary and is not a product of the first, it is not inadmissible simply because of any technical deficiency in the Miranda warnings given before the first interrogation. The second confession may nevertheless be admissible, if (granting establishment of the prior technical illegality) it is not obtained by exploitation of the initial illegality, but instead is shown by the state to be sufficiently an act of free will entirely purged of and independent of the primary taint. See Brown v. Illinois at 95 S.Ct. 2259 (1975).

In the present case, the state has sustained its burden in this regard.

In the first place, although the interrogations were only a day apart, they were entirely independent of one another and done by different officers of different departments.

Furthermore, as defendant himself admitted under cross-examination at the trial on the merits (when he took the stand in his own defense), he had already confessed to the crime when first arrested in Texas even before the confession to the city police. Rather than showing that the second confession directly resulted from the first, the evidence at the motion to suppress and at the trial of the merits instead indicates that the defendant freely confessed his participation in this and other crimes on the several distinct interrogations of him by police in Texas and Louisiana.

The second confession is therefore admissible.

With regard to the first confession, it is substantially identical in content to the second one, the latter of which was properly *808 admitted into evidence. The first warnings did emphasize the accused's right to remain silent and his right not to speak without the presence of an attorney (although admittedly they were deficient in informing him of his right to secure an appointed attorney during the interrogation). We are not faced with a situation where the sole confession or admission introduced into evidence against an accused was taken in violation of Miranda, nor by a situation where actual prejudice is shown or may be presumed to have resulted to him because of the admission of the technically invalid first confession.[1]

Under all of these circumstances, we are unwilling to hold that Miranda requires the invalidation of this conviction because of the technical invalidity of the Miranda warnings given before the first confession, where, in fact, the technically invalid confession under the evidence played no substantial role in the defendant's conviction. The constitutional values served by Miranda are not eroded by admission of the first confession under the circumstances shown. See Michigan v. Tucker, 417 U.S. 433, 94 S.Ct. 2357, 41 L.Ed.2d 182 (1974).

We therefore find no reversible merit in assignment 1.

Assignments 2 and 9[2]

The defendant separately robbed three different individuals at the same location. He was charged with three separate armed robberies by three separate bills of inf

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