State v. Holland

• Citation: 138 N.W.2d 86,258 Iowa 206
• Decision Date: 16 November 1965
• Docket Number: No. 51713,51713
• Parties: STATE of Iowa, Appellee, v. James Lewis HOLLAND, Appellant.
• Court: United States State Supreme Court of Iowa

Page 86

138 N.W.2d 86

258 Iowa 206

STATE of Iowa, Appellee, v. James Lewis HOLLAND, Appellant.

No. 51713.

Supreme Court of Iowa.

Nov. 16, 1965.

Burton E. Parriott, Remsen, for appellant.

Lawrence F. Scalise, Atty. Gen., Don R. Bennett, Asst. Atty. Gen., and William S. Sturges, County Atty., LeMars, for appellee.

GARFIELD, Chief Justice.

Defendant, age 25, was indicted for the murder of Theodore Christiansen, tried, convicted of murder in the second degree and sentenced to a term of 60 years in the state penitentiary as authorized by section 690.3, Code, 1962. His appeal assigns error in admitting in evidence oral and written confessions made by him. We find no merit in the appeal and affirm the conviction.

Defendant asserts the confessions were inadmissible because made when he was without assistance of counsel, were not voluntary but induced by such cruel and inhuman treatment of him as to overcome his power of resistance and by fear for his life and safety from the sadistic and inhuman acts of a Tennessee sheriff.

The deceased, age 48, lived with his mother in Sioux City. She last saw him alive Friday afternoon, July 10, 1964, when he left home with his truck and said he would return Sunday morning. Sioux City police officers and Sheriff Scholer of Plymouth County found his truck and decomposed, naked body July 23 in a small clearing surrounded by high weeds near the Floyd River, over the line in Plymouth County which adjoins Sioux City on the north. His clothing and billfold, without money or identification, were lying nearby. Except for the condition of the billfold foul play was not suspected as the cause of death and the body was buried.

Between 2 and 3 a. m. on August 5 defendant and an accomplice named McCartt were arrested in the act of burglarizing a store in Tennessee and two sheriff's deputies took them to the county jail where they were still lodged on August 11. About noon on that day defendant sent this leter (exhibit 12), written by him, to the sheriff who lived below the jail:

'Jack, I would like for you to call me down stare's so I can talk to you. I killed a man in Sioux City, Iowa. It wasn't in the city, it was about 10 miles out of town. I don't know if the police have found the body yet but I can tell them where it is at. You could place a long distance call to the police there and find out all about it. If you will call me down stares I will tell you all about and also, where the gun is that I used. Thanks. /s/ James Louis Holland'

Upon receipt of the letter Sheriff Laxton phoned Assistant State Attorney General Carson but was unable to reach him. He then called County Judge Sexton, formerly a practicing attorney, who came to the jail and talked to defendant in the presence of the sheriff. Judge Sexton first read exhibit 12, then told defendant who he was, that he (defendant) did not have to make any statement, if he did make one it could be used against him in court, and if he wanted a lawyer they'd get him one. Defendant replied he didn't want a lawyer and wanted to make the statement to get the matter off his mind. Defendant then related how he killed the man near Sioux City. Judge Sexton reported this conversation by phone to the sheriff at Sioux City and then returned to the courthouse.

About two hours later Assistant Attorney General Carson came to the jail, read exhibit 12, told defendant he was under no charge in Tennessee for any happening in Iowa, he didn't have to make any statement, his failure to do so would not be an admission against him if he did make a statement as to what happened in Iowa it would probably be used against him he was entitled to a lawyer and the official would have one appointed before he made any statement. Defendant replied he did not want a lawyer. He then freely confessed to Mr. Carson how he killed the deceased, Carson reduced the statement to writing, read it to defendant and handed it to him to read, defendant added two short paragraphs and signed the statement. It was received in evidence as exhibit 11.

In addition to the advice given by Judge Sexton and Mr. Carson as to defendant's right to counsel, to remain silent and that any statement he made might be used against him, Sheriff Laxton gave defendant similar advice and warning before he made any statement to Judge Sexton. No one had interrogated defendant. There is no evidence any threats, promises, or inducements were made to him. Indeed no one but defendant had any knowledge or well founded suspicion Christiansen's death was from any unnatural cause until defendant freely told his story in Tennessee.

After the Sioux City police and Plymouth County sheriff were informed of defendant's confession the body of deceased was disinterred on August 12, an autopsy was performed and five .32-caliber bullets were recovered from his body, three from the chest and one each from the abdomen and bowel. An expert gave the cause of death as multiple gunshot wounds.

In the meantime Sheriff Scholer of Plymouth County had telephoned officers at Seminole, Texas, to look for a .32-caliber gun and bullets in a road culvert near there where defendant told the Tennessee officials he concealed them after killing Christiansen. After a short search the Texas officers found the gun and cartridges at the place referred to and they were received in evidence. Defendant obtained that gun, ten rounds of ammunition and a shotgun by burglarizing a residence in Tennessee shortly before he left there to hitchhike to Oregon early in July. Each bullet was imprinted with an 'X' which caused more serious bodily injury.

It was on this trip to Oregon that Christiansen was killed. He picked up defendant and gave him a ride in his truck from somewhere in Illinois to Sioux City, clear across Iowa. After killing Christiansen defendant took the $15 and identification card from his billfold, reloaded the .32-caliber gun and hitchhiked to San Antonio, Texas. He eventually reached Oregon where he met McCartt, his accomplice in the August 5 burglary of the store in Tennessee.

Sheriff Scholar and his depute, Mertes, arrived in Tennessee September 11 to return defendant to Plymouth County. He readily consented to be returned without extradition hearing. It was conceded at the trial the treatment accorded defendant by the Plymouth County officers was of the finest kind and fully in keeping with constitutional concepts in all respects. At the commencement of the trip back to Iowa and many times en route the sheriff advised defendant of his right to counsel and against self-incrimination.

On the morning of September 14 defendant, in the presence of the sheriff and his deputy, talked to the Plymouth County attorney who first advised him again of his pertinent constitutional rights. Defendant again said he didn't need or want an attorney, was tired of running and wanted to get it over with. He was shown the the confession, exhibit 11, asked to read it, he said he knew what was in it and reaffirmed it. He expressly so testified at the trial, also that he was tired of being informed of his right to an attorney because he just did not want one.

Before defendant's oral admissions or confessions or the writings exhibits 11 and 12 were offered in evidence, the trial court held an extended hearing in the jury's absence to determine whether they were voluntary and admissible. Both sides joined in requesting the hearing. Defendant also asked that all witnesses be excluded from the hearing except while testifying and that prospective witnesses refrain from discussing the testimony with witnesses who had testified. This request was granted and witnesses were duly admonished.

At the conclusion of the hearing the trial court filed detailed Findings of Fact, Conclusions of Law and Rulings which fill 24 pages of the record. They reveal careful consideration of the questions presented and familarity with recent decisions bearing thereon. The court held none of the confessions or admissions of defendant was the result of any improper treatment or involuntary, that defendant was advised of all his rights, including his right to counsel, he refused counsel, and that exhibits 11 and 12 and the oral confessions to Judge Sexton, Assistant Attorney General Carson and the Plymouth County attorney should all be admitted in evidence. Abundant evidence supports the above Findings, Conclusions and Rulings and very little testimony is contrary to them.

We first consider whether receipt in evidence of defendant's admissions and confessions was error on the ground he was without counsel when they were made. If we assume, without so deciding, that defendant must first have been advised of his right to counsel without requesting one, in order to render his incriminating statements admissible, the evidence is almost conclusive that such advice was effectively and repeatedly given, was rejected and defendant intelligently waived any right he had to consult with counsel before voluntarily confessing the crime charged.

Defendant himself testified he knew either Judge Sexton or Mr. Carson would have an attorney appointed for him if he wanted one but he did not want one. Also that he knew he could have an attorney on September 14 when he reaffirmed, to the Plymouth County officials, his confession exhibit 11. Defendant had the equivalent of an 11th grade education although it was obtained in a boys training school and a penitentiary. He had a criminal record of long standing. There is no evidence he was not fully aware, without being so advised, of his right to counsel and against self-incrimination.

No decision has come to our attention which supports the view that these inculpatory statements, under such circumstances as we have here, were inadmissible as a matter of law. Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799, 93 A.L.R.2d 733, and Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (a 5-to-4 decision),...