Ball v. Gladden

CourtSupreme Court of Oregon
Writing for the CourtBefore PERRY; HOLMAN
Citation443 P.2d 621,86 Adv.Sh. 1159,250 Or. 485
PartiesOsborn Lee BALL, Appellant, v. Clarence T. GLADDEN, Warden of the Oregon State Penitentiary, Respondent.
Decision Date17 July 1968

Page 621

443 P.2d 621
250 Or. 485
Osborn Lee BALL, Appellant,
v.
Clarence T. GLADDEN, Warden of the Oregon State
Penitentiary, Respondent.
Supreme Court of Oregon, In Banc.
Submitted on Briefs April 1, 1968.
Decided July 17, 1968.

[250 Or. 486]

Page 622

Louise Jane, Portland, for appellant.

Robert Y. Thornton, Atty. Gen. and Helen B. Kalil, Asst. Atty. Gen., Salem, for respondent.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE, and HOLMAN, JJ.

HOLMAN, Justice.

Petitioner filed a post-conviction relief proceeding to set aside his conviction of second degree murder for killing his wife. He appeals from a judgment, rendered after a hearing, which denied him relief and dismissed his petition.

At petitioner's trial for murder the chief of police of Chiloquin testified that defendant admitted to him that he shot his wife. It is petitioner's claim that his federal constitutional right of due process was violated because his admission was coerced. This is a pre-Escobedo 1 and Miranda 2 case, the petitioner's conviction having occurred in 1957.

[250 Or. 487] It has been called to the court's attention in this case and another presently pending before it, 3 that the scope of review by this court of questions concerning voluntariness of admissions and confessions has not always been consistent. As a result, it would appear appropriate to discuss in some detail what we consider our proper scope of review of questions concerning the voluntariness of admissions and confessions.

What actually transpired is a question of fact for the trial court or jury. If the evidence sustains such historical factual findings they will not be disturbed by this court. If findings are not made on all such facts, and there is evidence from which such facts could be decided more than one way, we will presume that the facts were decided in a manner consistent with the ultimate conclusion, e.g., voluntariness or lack thereof, made by the trial court or jury. Whether these historical facts as found are sufficient to sustain a finding of voluntariness which meets state and federal constitutional concepts of due process is another question, and one which falls within our proper scope of appellate review. The federal court also exercises this scope of review. Clewis v. State of Texas, 386 U.S. 707, 87 S.Ct. 1338, 18 L.Ed.2d 423, 426 (1967); Davis v. State of North Carolina, 384 U.S. 737, 86 S.Ct. 1761, 16 L.Ed.2d 895, 898--899 (1966); Haynes v. State of Washington, 373 U.S. 503, 83 S.Ct. 1336, 10 L.Ed.2d 513, 522 (1963); Culombe v. Connecticut, 367 U.S. 568, 81 S.Ct. 1860, 6 L.Ed.2d 1037, 1058--1059...

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739 practice notes
  • State v. Tanner
    • United States
    • Supreme Court of Oregon
    • November 17, 1987
    ...facts, there is evidence in the record to support this finding, so we are bound by it under the rule announced in Ball v. Gladden, 250 Or. 485, 487-88, 443 P.2d 621 (1968). See also State v. Warner, 284 Or. 147, 156-59, 585 P.2d 681 Had the circuit court found that defendant had sold or giv......
  • State v. Simon, A161756
    • United States
    • Oregon Court of Appeals
    • November 15, 2018
    ...evidence, viewed in the light most favorable to the trial court’s decision, supports the court’s findings. See generally Ball v. Gladden , 250 Or. 485, 487, 443 P.2d 621 (1968) (stating general standard). Our role is no different when the issue involves psychological evaluations and expert ......
  • State Of Or. v. Hall, SC S49825
    • United States
    • Supreme Court of Oregon
    • July 15, 2005
    ...(Footnote omitted.) To the same effect, see State v. Kennedy, 290 Or. 493, 502, 624 P.2d 99 (1981), citing Warner and Ball v. Gladden, 250 Or. 485, 443 P.2d 621 (1968). Because defendant does not challenge the trial court's implicit voluntariness determination in this case, I accept that de......
  • State v. Quinn
    • United States
    • Supreme Court of Oregon
    • January 20, 1981
    ...voluntarily and knowingly waived his rights. The evidence supports the findings and we hold that they were correct. Ball v. Gladden, 250 Or. 485, 443 P.2d 621 C. The Car Search on February 12. The Fourth Amendment of the United States Constitution provides: "The right of the people to be se......
  • Request a trial to view additional results
739 cases
  • State v. Tanner
    • United States
    • Supreme Court of Oregon
    • November 17, 1987
    ...facts, there is evidence in the record to support this finding, so we are bound by it under the rule announced in Ball v. Gladden, 250 Or. 485, 487-88, 443 P.2d 621 (1968). See also State v. Warner, 284 Or. 147, 156-59, 585 P.2d 681 Had the circuit court found that defendant had sold or giv......
  • State v. Simon, A161756
    • United States
    • Oregon Court of Appeals
    • November 15, 2018
    ...evidence, viewed in the light most favorable to the trial court’s decision, supports the court’s findings. See generally Ball v. Gladden , 250 Or. 485, 487, 443 P.2d 621 (1968) (stating general standard). Our role is no different when the issue involves psychological evaluations and expert ......
  • State Of Or. v. Hall, SC S49825
    • United States
    • Supreme Court of Oregon
    • July 15, 2005
    ...(Footnote omitted.) To the same effect, see State v. Kennedy, 290 Or. 493, 502, 624 P.2d 99 (1981), citing Warner and Ball v. Gladden, 250 Or. 485, 443 P.2d 621 (1968). Because defendant does not challenge the trial court's implicit voluntariness determination in this case, I accept that de......
  • State v. Quinn
    • United States
    • Supreme Court of Oregon
    • January 20, 1981
    ...voluntarily and knowingly waived his rights. The evidence supports the findings and we hold that they were correct. Ball v. Gladden, 250 Or. 485, 443 P.2d 621 C. The Car Search on February 12. The Fourth Amendment of the United States Constitution provides: "The right of the people to be se......
  • Request a trial to view additional results

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