Bayless v. United States, 12683.

Citation150 F.2d 236
Decision Date02 July 1945
Docket NumberNo. 12683.,12683.
PartiesBAYLESS v. UNITED STATES.
CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)

Donald H. Latshaw, of Kansas City, Mo., for appellant.

Otto Schmid, Asst. U. S. Atty., of Kansas City, Mo. (Maurice M. Milligan, U. S. Atty., of Kansas City, Mo., on the brief), for appellee.

Before GARDNER, WOODROUGH, and THOMAS, Circuit Judges.

GARDNER, Circuit Judge.

This is an appeal by the defendant from a judgment and sentence entered on a verdict of guilty on each of two counts of an indictment, the first count charging him with bank robbery by force and violence, or putting in fear, contrary to the provisions of Section 588b(a), 12 U.S.C.A., and the second count charging him with assault, or putting life in jeopardy in connection with bank robbery by force and violence, or putting in fear, contrary to the provisions of Section 588b(b), Title 12 U.S.C.A.

As originally presented to this court, defendant sought reversal on the following grounds: (1) that defendant was denied his constitutional right to a speedy trial; (2) that he was twice put in jeopardy for the same offense; (3) that the indictment was defective; (4) that requested instruction number 2 was improperly refused; (5) that incompetent evidence was admitted; (6) that defendant was compelled to be a witness against himself. We affirmed (Bayless v. United States, 147 F.2d 169). On motion we granted a rehearing, limited to the question whether it was prejudicial error to permit defendant to be cross-examined relative to his former plea of guilty and whether it was prejudicial error to permit proof of his former plea of guilty as a part of his cross-examination. Additional briefs were thereupon filed and the case has been re-argued and is now before us for reconsideration of the one question.

The robbery of the bank with which defendant, with others, was charged, occurred shortly after noon on November 2, 1937, at Mansfield, Missouri. Defendant was arrested at Wichita, Kansas, about midnight of November 4, 1937. The arrest was made in the apartment of Orville E. Simms on the second floor of a two story house. Simms and his wife were present when the arrest was made. Simms was indicted jointly with defendant, pleaded guilty, and is now in confinement. At the police station in Wichita, Kansas, on the night following his arrest, defendant was questioned by detective Harley Riggs and a special agent of the Federal Bureau of Investigation, J. M. O'Leary. Some of the answers made by defendant were written down and the statement was signed by him. There was evidence that the substance of his answers was incorporated in the statement which he signed. It was offered and received in evidence over objection of defendant. In defendant's testimony, referring to this confession, he said "that the statement or confession signed by him was an involuntary statement." On November 8, 1937, defendant was taken before a United States Commissioner at Kansas City, Missouri, for arraignment and was there bound over. On January 31, 1938, defendant signed the following document:

"Waiver. "In the District Court of the United States of America for the Western District of Missouri. "United States of America, Plaintiff No. 4685 vs John Richard Bayless, Defendant

"Comes now John Richard Bayless, alias John A. Taylor, alias Richard Bayless, above named defendant, and states to the Court that he desires to plead guilty to robbing the Farmers & Merchants Bank of Mansfield, Missouri, as charged herein, as he has no defense to offer in said case.

"That he hereby waives the right to be tried in Springfield, Missouri, and consents that said case may be transferred to the Western Division of the Western District of Missouri at Kansas City, Missouri, so that a plea of guilty may be entered by the undersigned in said case.

"Dated at Kansas City, Missouri, this 31st day of January, 1938.

"(Signed) John Richard Bayless "The above named defendant "Filed Jan. 31, 1938."

He was accordingly arraigned and pleaded guilty and on this plea a judgment of conviction was entered. While confined in Federal prison at Alcatraz Island, California, pursuant to this conviction, he on three different occasions made application for writ of habeas corpus in the United States District Court for the Northern District of California. His first application was made April 17, 1939, the second was made January 28, 1942, and the third was made September 18, 1942. On the third application the court found that defendant had not intelligently waived his right to counsel when he pleaded guilty. His application was accordingly granted and the court held that his plea of guilty entered on January 31, 1938, was null and void, and he was released from confinement in the Federal prison at Alcatraz but returned to the United States District Court for the Western District of Missouri, for further proceedings upon the indictment. It has already been observed that on this second trial he was found guilty and again sentenced to imprisonment, the term of which has not yet expired.

On this second trial defendant took the witness stand and testified that he was not in Mansfield, Missouri, in September, 1937, nor in November, 1937, the latter being the month of the robbery. He was cross-examined by counsel for the government with reference to the above statement signed by him under date January 31, 1938. He was also asked on cross-examination, over objection, whether he had not pleaded guilty to the offense charged in the indictment herein on January 31, 1938. As to the written statement or confession signed by him on January 31, 1938, he stated that he had had no counsel to advise him and that it was involuntary, and that he was forced to plead guilty because threatened by officers. This testimony as to the statement and the plea of guilty stands in this record without dispute. In addition to the proof on cross-examination that he had pleaded guilty, the written statement signed by him on January 31, 1938 was offered and received in evidence over his objection. Being impecunious, defendant was represented at the trial by counsel appointed by the court and counsel so appointed appears for him in this court, the appeal having been perfected in forma pauperis.

In our opinion we expressed the view that the question as to whether he had signed the written consent to transfer his case to Kansas City so that he might enter a plea of guilty, "went directly to the matter of his being in Mansfield Missouri at the time of the robbery about which he testified upon his direct examination," 147 F.2d 169, 171 and was therefore admissible. On rehearing, certain recent authorities bearing on this question were brought sharply to...

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  • Dean v. Smith, s. 4:09CV3144
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Nebraska
    • August 3, 2011
    ...has long been established that a conviction resulting from a coerced plea is inconsistent with due process. See Bayless v. United States, 150 F.2d 236, 238 (8th Cir.1945); Waley v. Johnston, 316 U.S. 101, 104, 62 S.Ct. 964, 86 L.Ed. 1302 (1942) (per curiam).1. Overview Before proceeding to ......
  • Dean v. Smith, 4:09CV3144
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Nebraska
    • August 3, 2011
    ...It has long been established that a conviction resulting from a coerced plea is inconsistent with due process. See Bayless v. United States, 150 F.2d 236, 238 (8th Cir. 1945); Waley v. Johnston, 316 U.S. 101, 104 (1942) (per curiam).1. Overview Before proceeding to discuss the individual cl......
  • Hodges v. United States, 19029.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • March 11, 1969
    ...Bayless v. United States, 147 F.2d 169, 170 (8 Cir. 1945), defendant's conviction reversed on other grounds in supplemental opinion 150 F.2d 236 (8 Cir. 1945); Davidson v. United States, 312 F.2d 163, 167 (8 Cir. 1963). See Mathies v. United States, supra, 374 F.2d at 315. We find no abuse ......
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    • United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • March 27, 1968
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