State v. Dillard

260 So. 2d 675, 261 La. 703, 1972 La. LEXIS 5171
CourtSupreme Court of Louisiana
DecidedMarch 27, 1972
DocketNo. 51350
StatusPublished
Cited by3 cases

This text of 260 So. 2d 675 (State v. Dillard) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Dillard, 260 So. 2d 675, 261 La. 703, 1972 La. LEXIS 5171 (La. 1972).

Opinion

DIXON, Justice.

Billy Ray Dillard was found guilty of the murder of Anna Tatman after a verdict of the jury, and sentenced to death. He advances arguments under five headings in which he contends the trial judge erred.

We affirm.

I

Defendant’s first specification of error is based on the admissibility of statements made to police officers by the accused on May 19 and May 23, 1970.

Before dawn on Sunday morning, May 17, 1970, Anna Tatman was bound and mortally wounded, and her house was burned with her inside. ...

In the same town, on the night of May-16, there was a violent racial disturbance following a run-off election.

Deputy C. S. Denny had been looking for the defendant to question him concerning the arson and murder of Miss Tatman. The defendant had previously pleaded guilty to attempted burglary of the' same house in which Miss Tatman resided. Deputy Denny also knew of previous violent criminal conduct of the defendant. He had asked others to assist him in locating the defendant.

The defendant was “picked up” on Tuesday, May 19 at 7:40 a. m. He testified that he had heard that the deputies wanted him, and was on his way to see what they wanted when a town policeman picked him up and carried him to jail.

The defendant remained in jail from about 8:00 a. m. until after 4:00 p. m. when Deputy Denny was able to give him his attention. At about 4:50 p. m., in the presence of several other persons, the defendant signed a waiver of his rights; a statement was taken from the defendant in longhand, typed up, presented to him and he signed it.

There is no credible evidence that this statement was not free and voluntary. The defendant denied making the statement of the 19th, claiming he signed a written statement prepared for him under threats.

[710]*710The evidence is overwhelming against the defendant’s contention. He was offered counsel on May 19 and was later afforded counsel when it appeared that he might be charged with the crime. He never complained to his counsel that he was threatened or abused. His first statement tended to be exculpatory, naming other men who were arrested and accused of the crime.

The following Saturday, May 23, the district attorney learned that the defendant desired to change his story, and to make another statement. Upon the request of the district attorney, the district judge appointed a lawyer to represent the defendant (who had been charged as a material witness because of the things he said he had seen in the statement he gave on May 19).

Defendant’s statement of May 23 was lengthy. It was recorded on magnetic tape. Defendant’s lawyer was present. The defendant was thoroughly informed of his rights, and was repeatedly told that it was not necessary for him to say anything.

Defendant now argues that his arrest was illegal, that the statement of May 19, obtained because of the illegal arrest, is inadmissible, and that the subsequent inculpatory statement of May 23 was so “poisoned” by the illegal arrest that it was also inadmissible, citing Wong Sun v. United States, 371 U.S. 471/83 S.Ct. 407, 9 L.Ed.2d 441; Davis v. Mississippi, 394 U.S. 721, 89 S.Ct. 1394, 22 L.Ed.2d 676; United States ex rel. Gockley v. Myers, 3 Cir., 450 F.2d 232; United States v. Burhannon, 7 Cir., 388 F.2d 961.

We find defendant’s arrest was legal. Deputy Denny had reasonable cause to believe that defendant had committed the crimes under investigation. He knew of defendant’s attempted burglary of Anna Tatman’s residence in September of 1968. The police investigation of the May 17 crime disclosed similarities in method of entry into the Tatman house which connected the two offenses. The same screen had been removed from the same.window; the same window had been pried or tampered with; the same telephone lines had been cut or severed. Defendant had previously been involved in the battery of a woman. These factors created more than suspicion. Considering the sparse population of the area and the relatively small number of persons with access to the victim, they provided the reasonable cause for defendant’s arrest.

Even if the arrest had been illegal, the taint was dissipated before the first statement was given May 19. Defendant was warned of his rights, and the statement (in which he accused other persons and attempted to exculpate himself) was free and voluntary. The arrest itself, even if illegal, was not the cause of the statement. By the defendant’s own testimony, he was [712]*712voluntarily on his way to see Deputy Denny when the town policeman picked' him up. As a result of the statement, defendant was charged, not with murder, but as a material witness. Nor was any improper influence exerted on defendant to make a further statement. On May 23 he was advised of his rights, not only by deputies hut by an experienced lawyer and by the district attorney.

There is no merit to defendant’s arguments against the admissibility of the statements.

The defendant further argues that the May 23 inculpatory statement was wrongly admitted because the defendant had requested counsel during the interrogation and was not given “effective” counsel.

The record reflects that the defendant denied that he requested counsel for the May 23 statement. He was at that time charged as a material witness, having claimed that he saw other persons, whom he named, commit the crimes against Miss Tatman. It was out of an abundance of caution, that the district attorney requested the district judge to appoint a lawyer to represent him on this occasion. The district judge appointed Mr. Wyly; the only other available lawyer in the parish had recently completed an arduous appointment in a criminal case. Defendant’s present lawyer takes the position that “effective” counsel was denied to the defendant because Mr. Wyly, although fully informing the accused of all his rights, and staying with him during the recording of the statement, “acted more as a knowledgeable neutral party brought in to assist in the conducts» of the proceedings.”

There is no substance to this argument. Defendant was fully and carefully advised. There is no duty on a lawyer to prevent a voluntary confession. Mr. Wyly was subsequently appointed as one of two lawyers to represent the accused after he was charged with murder and arson. There can be no criticism of the defense the accused received from his two appointed counsel.

II

Defendant’s second claim of error is that Negroes had been “systematically excluded” from the jury venires. By agreement, evidence taken in another case (State v. Grey, 257 La. 1070, 245 So.2d 178) about the composition of the same jury venires was introduced in the instant case. There is no reason for use to change our conclusion that no racial discrimination was shown in the creation of the jury venires. There is no merit to defendant’s second claim of error.

III

Defendant’s third complaint of error is based on the denial of his motion [714]*714for a change of venue.

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Bluebook (online)
260 So. 2d 675, 261 La. 703, 1972 La. LEXIS 5171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dillard-la-1972.