United States v. Doe

819 F.2d 206
Court of Appeals for the Ninth Circuit·Decided June 9, 1987·No. No. 84-1211·Published·Cited by 26 cases

Opinions

CORRECTED OPINION

NORRIS, Circuit Judge:

Appellant was convicted of voluntary manslaughter for shooting and killing his father on the front porch of the family residence on the Fort Apache Indian Reservation. Appellant’s appeal challenges the district court’s determinations that he voluntarily waived his Fifth and Sixth Amendment rights and that exigent circumstances existed to allow a warrantless search of his residence. We affirm.

I.

On the morning of December 14, 1983, appellant heard his parents fighting on the front porch of the family residence. He grabbed his rifle and ran out to find his father beating his mother. Appellant’s sister attempted to grab the rifle or to push it away but the rifle discharged and hit appellant’s father in the back. Appellant’s brother-in-law took the rifle from appellant and hid it in the shower in a back room of the house.

[208] In response to a radio dispatch for police and medical assistance, Officer Goode arrived at appellant’s residence to find the decedent lying shot on the front porch. He asked appellant’s sister and brother-in-law what had happened; they told him that appellant had shot his father. Goode entered the house with them and appellant’s brother-in-law gave Goode the loaded rifle. Goode took the rifle to the police car and secured it. He neither looked for nor spoke with appellant.

Lieutenant Frank Grijalva arrested appellant later that morning for the tribal offense of criminal negligence and took him into custody. Grijalva advised appellant of his Miranda rights, Miranda v. Arizona, 384 U.S. 436, 478-79 86 S.Ct. 1602, 1629-30, 16 L.Ed.2d 694 (1966), and his rights pursuant to the Indian Civil Rights Act, under which he did not have a right to free counsel. At that time, appellant indicated that he did not understand his rights; his mother, who was present, indicated that she did. Grijalva did not inquire as to what appellant did not understand, but simply ceased questioning him and took him into custody.

That afternoon, FBI Agent Johnson interrogated appellant while he was in custody at the Bureau of Indian Affairs (BIA). Johnson notified appellant that his father was dead and advised him of his Miranda rights by using the standard FBI warning and waiver form. Though appellant appeared to be upset, he claimed to have understood everything of which he was advised and, after having the form read to him, received it and read it back to Johnson. The only trouble appellant had was with the word “coercion,” and Johnson told him how to pronounce it and explained its meaning. Appellant did not ask for an attorney and agreed to speak with Johnson without an attorney being present. He also signed the warning and waiver form. Appellant’s mother was neither notified of the interrogation nor invited to be present. During the interrogation, appellant stated, amongst other things, that he had shot his father and that he was physically stronger than his father.

While still in custody at the BIA, appellant was reinterrogated by Johnson on January 3 and 5, 1984. On both occasions, Johnson orally advised appellant of his Miranda rights and appellant agreed to be questioned without an attorney and to give a voluntary statement, which he did. In neither instance did Johnson ask appellant to sign a warning and waiver form. Appellant’s statements were, like those made on December 14, 1983, incriminating and inconsistent with any “self-defense” or “defense of others” claim.

On March 8, 1984, an information was filed charging appellant with first-degree murder in violation of 18 U.S.C. §§ 1111, 1153. Appellant pled not guilty and filed a motion for a voluntariness hearing and a motion to suppress.

On June 20 and 21, 1984, a combined nonjury trial and evidentiary hearing was held. At its conclusion, the district court denied appellant’s motion to suppress and found that his statements were voluntary. The district court found appellant guilty of voluntary manslaughter.

On July 25, 1984, appellant filed a timely notice of appeal. The district court had jurisdiction in this matter pursuant to 18 U.S.C. § 5032. This court has jurisdiction pursuant to 28 U.S.C. § 1291.

II.

Appellant does not contend either that he was given inadequate Miranda warnings or that the district court applied an erroneous legal standard in determining that his waivers were voluntary. He appeals solely the district court’s ultimate determinations that on December 14, 1983 and January 3 and 4, 1984, after appellant received Miranda warnings and prior to his interroga;tion, appellant in fact knowingly and voluntarily waived his Fifth and Sixth Amendment rights.

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United States v. Doe, 819 F.2d 206 (9th Cir. 1987).

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