Campbell v. State
| Court | Supreme Court of Alabama |
| Writing for the Court | BEATTY |
| Citation | 341 So.2d 742 |
| Decision Date | 30 December 1976 |
| Parties | In re Samuel CAMPBELL v. STATE of Alabama. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL. SC 1895. |
Page 742
v.
STATE of Alabama.
Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.
Rehearing Denied Feb. 4, 1977.
Page 743
William J. Baxley, Atty. Gen., and G. Daniel Evans, Asst. Atty. Gen., for the State of Ala.
David L. Barnett, Mobile, for respondent.
BEATTY, Justice.
We provisionally granted the State's petition for a writ of certiorari to consider that aspect of the opinion of the Court of Criminal Appeals dealing with the requirement of voluntariness of an inculpatory statement used to impeach. That opinion prohibits the introduction into evidence of such a statement made by an accused during an in-custody interrogation 'unless the predicate of trustworthiness or voluntariness is established.'
Our review of the decisions of the highest court in the land convinces us that the Court of Criminal Appeals is correct, and that the record of the trial in which such a statement is used must affirmatively show that it was made voluntarily, that is, without coercion or other inducement.
The broad exclusion of in-custody statements of an accused made without the Miranda warnings (Miranda v. Arizona, 384 U.S. 436, at 476, 479, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) was narrowed in Harris v. New York, 401 U.S. 222, 91 S.Ct. 643, 28 L.Ed.2d 1 (1971), characterizing as Dicta the expressions of the Miranda court which would have precluded the use of such statements for impeachment purposes. We are in accord with this position since the Miranda confessions appear to have been introduced as part of the prosecution's cases in chief only. After noting that the petitioner made no claim that the statements were involuntary or coerced, Harris continued at page 224, 91 S.Ct. at page 645:
. . . It does not follow from Miranda that evidence inadmissible against an accused in the prosecution's case in chief is barred for all purposes, Provided of course that the trustworthiness of the evidence satisfies legal standards. (Emphasis added.)
That Harris did not authorize impeachment by such a statement without a foundation of voluntariness is established by a later United States Supreme Court decision, Oregon v. Hass, 420 U.S. 714, 95 S.Ct. 1215, 43 L.Ed.2d 570 (1975). In Hass, the Miranda warning Was fully given after which the accused expressed a desire to telephone his lawyer and was told he could do so later. Following his testimony at his trial, certain inculpatory...
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Adams v. State, CR-98-0496.
...Gardner v. State, 530 So.2d 250 (Ala.Crim.App.1987); Whetstone v. State, 435 So.2d 226 (Ala. Crim.App.1983); Campbell v. State, 341 So.2d 742 (Ala.1976); Johnson v. State, 398 So.2d 393 Because this issue was never presented to the trial court, no hearing to determine the voluntariness of A......
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Carroll v. State, 6 Div. 75
...direct confessions. Reeves v. State, 260 Ala. 66, 73, 68 So.2d 14 (1953); Campbell v. State, 341 So.2d 735, 740 (Ala.Cr.App.), affirmed, 341 So.2d 742 (Ala.1976); Kendrick v. State, 55 Ala.App. 11, 312 So.2d 583 (1975). Admissions as to purely collateral matters, which are not confessory of......
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Jackson v. State, 6 Div. 484
...592 (1977); Vaughn v. State, Ala.Cr.App., 347 So.2d 582 (1977); Campbell v. State, Ala.Cr.App., 341 So.2d 735 (1976), affirmed, Ala., 341 So.2d 742 (1977); Lloyd v. State, Ala.Cr.App., 339 So.2d 1058, cert. denied, Ala., 339 So.2d 1062 (1976); Hunter v. State, Ala.Cr.App., 338 So.2d 513 (19......
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Fairchild v. State, 1 Div. 230
...were inadmissible as a confession. However, the Alabama Supreme Court expressly overruled Bates v. State, supra, in Campbell v. State, 341 So.2d 742, 744 (Ala.1976), and, in so doing, implicitly overruled Brummitt v. State, supra, and any other case adhering to the above principle. In Campb......
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Adams v. State, CR-98-0496.
...Gardner v. State, 530 So.2d 250 (Ala.Crim.App.1987); Whetstone v. State, 435 So.2d 226 (Ala. Crim.App.1983); Campbell v. State, 341 So.2d 742 (Ala.1976); Johnson v. State, 398 So.2d 393 Because this issue was never presented to the trial court, no hearing to determine the voluntariness of A......
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Carroll v. State, 6 Div. 75
...direct confessions. Reeves v. State, 260 Ala. 66, 73, 68 So.2d 14 (1953); Campbell v. State, 341 So.2d 735, 740 (Ala.Cr.App.), affirmed, 341 So.2d 742 (Ala.1976); Kendrick v. State, 55 Ala.App. 11, 312 So.2d 583 (1975). Admissions as to purely collateral matters, which are not confessory of......
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Jackson v. State, 6 Div. 484
...592 (1977); Vaughn v. State, Ala.Cr.App., 347 So.2d 582 (1977); Campbell v. State, Ala.Cr.App., 341 So.2d 735 (1976), affirmed, Ala., 341 So.2d 742 (1977); Lloyd v. State, Ala.Cr.App., 339 So.2d 1058, cert. denied, Ala., 339 So.2d 1062 (1976); Hunter v. State, Ala.Cr.App., 338 So.2d 513 (19......
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Fairchild v. State, 1 Div. 230
...were inadmissible as a confession. However, the Alabama Supreme Court expressly overruled Bates v. State, supra, in Campbell v. State, 341 So.2d 742, 744 (Ala.1976), and, in so doing, implicitly overruled Brummitt v. State, supra, and any other case adhering to the above principle. In Campb......