People v. Dodge, Docket No. 3415
| Decision Date | 26 June 1968 |
| Docket Number | No. 2,Docket No. 3415,2 |
| Citation | 162 N.W.2d 323,12 Mich.App. 111 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Clinton M. DODGE, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Jerome F. O'Rourke, Flint, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Robert F. Leonard, Pros. Atty., Genesee County, Donald A. Kuebler, Asst. Pros. Atty., Flint, for plaifntiff-appellee.
Before McGREGOR, P.J., and GILLIS and MILLER, * JJ.
Defendant Clinton M. Dodge was found guilty by a jury on October 3, 1962 of the armed robbery 1 of the Durant Hotel located in Flint, Michigan, and was sentenced to 27 1/2 to 50 years in prison.
On October 26, 1966, this Court granted the defendant's delayed application for leave to appeal and requested the trial court to make a determination upon a separate record of the voluntariness of defendant's statements admitted in evidence at trial, pursuant to People v. Walker (On Rehearing, 1965), 374 Mich. 331, 132 N.W.2d 87. The trial court was also requested to determine whether the defendant was iillegally detained before being taken to a magistrate, contrary to the statute 2 and the rule laid down in People v. Hamilton (1960), 359 Mich. 410, 102 N.W.2d 738. The order granting the application for leave to appeal specified that the decision of the trial court was to be a final judgment for the purposes of review.
The trial court conducted a Walker hearing which commenced on February 2, 1967 and concluded on February 3, 1967. The trial court in a written opinion set forth a brief history of the case followed by his opinion:
'The testimony taken during the hearing, pursuant to People v. Walker (On Rehearing, 1965), 374 Mich. 331 (132 N.W.2d 87), discloses:
'(1) The defendant was arrested at about 4 a.m. on May 2, 1962.
'(2) He was taken to the Michigan State police post at Pontiac, where he remained until approximately 8 a.m. During this time, he made a request to see his wife, which request was refused by the police.
'(3) The defendant was returned to Flint at about 8 a.m., and arrived at Flint at about 9 a.m.
'(4) He was intermittently questioned by Flint police for some time after 9:30 a.m. until 3 p.m., when he was brought on a line-up for possible identification. He was taken before a line-up also at about 7 p.m.
'(5) During this time, defendant made inquiry to see legal counsel, and also, asked Flint police that ihis wife should be called. 3 Both requests were refused by Flint officers.
'(6) Some time after 7 p.m. on May 2, 1962, the defendant made certain statements which were admitted in evidence at the trial of this matter.
'(7) On May 3, 1962, he was arraigned in the municipal court of Flint.
'In Hamilton, the Court indicated that the aim of the requirement of due process is to prevent fundamental unfairness in the use of evidence, whether true or false. The detention of the defendant for a period of approximately 11 hours in Flint prior to the time of receiving and obtaining his admissions does not contain the element of 'fundamental unfairness.' Although the defendant was not permitted to see either his wife or to reach an attorney, there is no showing that either of these refusals by the police authorities were persuasive in his making admissions that were used at trial.
'The detention of the defendant was not unlike that depicted in People v. Harper (1962), 365 Mich. 494, 113 N.W.2d 808, where a period of some 12 1/2 hours elapsed from the time that Harper was arrested, until such time as statements were taken from him. As is stated in Harper:
'In People v. Carlton (1966), 5 Mich.App. 20, 145 N.W.2d 853 in a further interpretation of Hamilton, the Court said:
"A reading of Hamilton and of subsequent cases interpreting and explaining it, leads to the conclusion that it is unnecessary delay...
To continue reading
Request your trial
-
Dodge v. Johnson
...made voluntarily and that they were legally obtained. This decision was affirmed by the Michigan Court of Appeals. People v. Dodge, 12 Mich.App. 111, 162 N.W.2d 323 (1968). The Supreme Court of Michigan denied the appellant's application for leave to appeal. 381 Mich. 815 In his application......