779 F.2d 970 (4th Cir. 1985), 85-5067, United States v. Conley

• Citation: 779 F.2d 970
• Party Name: UNITED STATES of America, Appellee, v. James L. CONLEY, Appellant.
• Case Date: December 18, 1985
• Court: United States Courts of Appeals, U.S. Court of Appeals — Fourth Circuit

Page 970

779 F.2d 970 (4th Cir. 1985)

UNITED STATES of America, Appellee,

v.

James L. CONLEY, Appellant.

No. 85-5067.

United States Court of Appeals, Fourth Circuit

December 18, 1985

Argued Oct. 11, 1985.

Page 971

Daniel L. Robey, Falls Church, Va. (Charles W. Kramer, Alexandria, Va., on brief), for appellant.

William G. Otis, Asst. U.S. Atty. (Elsie L. Munsell, U.S. Atty., Alexandria, Va., Richard A. Cohen, Sp. Asst. U.S. Atty., Joseph Aronica, Asst. U.S. Atty., on brief) for appellee.

Before RUSSELL, PHILLIPS and MURNAGHAN, Circuit Judges.

JAMES DICKSON PHILLIPS, Circuit Judge:

James Conley appeals from his conviction for the murder of a fellow inmate at the Lorton Penitentiary, in violation of 18 U.S.C. Secs. 1111 and 1112. Conley challenges numerous rulings by the district court, but his major contention, and the only issue that merits discussion on appeal, is that he was interrogated by prison guards in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and that the court erred in denying his motion to suppress his resulting statements at trial. ¹ We conclude that, although Conley was in prison when he was questioned about the crime, Miranda warnings were not required under the circumstances of this case, and we therefore affirm.

I

On February 2, 1982, Otis Peterson, James Conley and other inmates left their cells to go to breakfast. Several minutes later, Peterson, bleeding from fatal knife wounds to his head, neck and back, returned to the cellblock and collapsed. After the attack, a prison official followed a trail of blood leading from the site of the stabbing and discovered a blood-stained knife and various items of bloody clothing. Lorton officials were also directed to conduct a body search of inmates for lacerations or bruises. The search revealed an Ace bandage covering a two-inch gouge-type wound on Conley's left wrist. Conley was thereafter handcuffed and escorted to a small conference room in the prison "control center" to await transfer to the infirmary for medical treatment of the wound.

While in the conference room, both before and after he was treated at the infirmary, Conley discussed the assault on Peterson with corrections officers Boiardi and Corbett. Conley initiated the first conversation with Boiardi by asking "What's this all about?" Boiardi responded by asking Conley how he had been injured and, in the course of this discussion, Conley maintained that he had observed two inmates attacking Peterson and that he had been stabbed in the wrist during a rescue attempt. According to Boiardi, this conversation lasted ten or fifteen minutes.

Conley wore handcuffs to the control center and full restraints when he returned from the infirmary. Upon his return, thirty minutes to an hour later, Officer Corbett asked Conley if "you're up to your same old shit again." Conley replied that he and Peterson were "cool," (i.e., friends), but that Peterson had a bad attitude. Boiardi questioned Conley again about the identity of the alleged assailants. Conley responded that he had been unable to recognize the attackers because both men wore ski masks. ²

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The government concedes that at no point during these conversations was Conley warned of his rights under Miranda. Following denial of his pre-trial motion to suppress, Conley's statements were admitted at trial, he was convicted, and this appeal followed.

II

Conley contends that he was in prison and therefore "in custody" at all times during his conversations with prison officials in connection with the Peterson murder. "Custodial interrogation," which must be preceded by Miranda warnings, is "questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way." Miranda, 384 U.S. at 444, 86 S.Ct. at 1612. The Miranda Court distinguished "[g]eneral on-the-scene questioning as to facts surrounding a crime" as beyond the reach of the rule laid down in that case. Id. at 477, 86 S.Ct. at 1629.

This case involves an application of the Miranda rule in a prison setting. Applied literally, the rule would operate to require that every question directed to a prison inmate in connection with what ultimately may prove to be criminal activity be prefaced with Miranda warnings because a prisoner is always "in custody" in the purest sense. Conley contends that the Supreme Court has adopted just such a per se approach to prisoner interrogations. In Mathis v. United States, 391 U.S. 1, 88 S.Ct. 1503, 20 L.Ed.2d 381 (1968), an inmate was questioned by an Internal Revenue Service agent about possible criminal tax violations. The government urged that warnings were not required because the prisoner was at the time of the interview incarcerated for a crime unrelated to the subject of the interrogation. The Court rejected this argument and held that, under the circumstances revealed, Mathis was entitled to, and thus wrongly deprived of, Miranda warnings. Id. at 4-5, 88 S.Ct. at 1504-05.

Mathis clearly holds that the fact that a defendant is imprisoned on an unrelated matter does not necessarily remove the necessity for Miranda warnings. Nothing in that opinion, however, suggests that an inmate is automatically "in custody" and therefore entitled to Miranda warnings, merely by virtue of his prisoner status. The Ninth Circuit faced precisely this issue in Cervantes v. Walker, 589 F.2d 424 (9th Cir.1978), in which an inmate-defendant argued, as here, that Mathis foreclosed the "custody" issue in prisoner interrogations. Cervantes had admitted to a prison guard that the substance in his possession was marijuana and argued, on appeal, that his statement was elicited in violation of Miranda and hence inadmissible at trial. The court held that Mathis articulated no such per se application of the Miranda rule in favor...