Clark v. State

• Decision Date: 13 July 1984
• Docket Number: No. 1183S413,1183S413
• Citation: 465 N.E.2d 1090
• Parties: Larry Phillip CLARK, Appellant, v. STATE of Indiana, Appellee.
• Court: Indiana Supreme Court

Page 1090

465 N.E.2d 1090

Larry Phillip CLARK, Appellant, v. STATE of Indiana, Appellee.

No. 1183S413.

Supreme Court of Indiana.

July 13, 1984.

Thomas E. Rucinski, Hammond, for appellant.

Linley E. Pearson, Atty. Gen., Phillip B. Rarick, Deputy Atty. Gen., Indianapolis, for appellee.

DeBRULER, Justice.

Appellant, Larry Clark, was convicted in a trial by jury of robbery, a class B felony, pursuant to Ind.Code Sec. 35-42-5-1, and was sentenced to twelve years imprisonment. On appeal he claims error in the use of his confession.

The victim, John Russell, picked up his paycheck at about 3:00 p.m. on July 20, 1982 and cashed it shortly thereafter at a store. Appellant took this money from him at gunpoint and escaped, taking Russell's car. Within an hour appellant was arrested in the stolen car by Officer Flournoy who was working the traffic division. A revolver was on the floor boards. Officer Williamson then arrived and read appellant his Miranda rights. Under questioning at the scene appellant stated that he had no license for the gun and had stolen it and had robbed two people but did not intend to hurt them. He then stated that he did not wish to make any further statements and that he wanted to see an attorney.

Appellant was taken to jail where he was locked away. Flournoy prepared his arrest reports which were read by Detective Woods. The report disclosed an advice of rights at the scene and questioning, but no assertion by appellant of the right to counsel. Two hours later Woods got appellant and took him to an interrogation room. He obtained a written waiver of counsel and a long detailed confession. Appellant sought suppression of the confession on the basis that the waiver of counsel was not valid. Appellant claims the waiver was obtained through interrogation following his request that he be permitted to speak to an attorney.

The Fifth and Fourteenth Amendments to the United States Constitution secure to each citizen the right to the presence and advice of counsel during custodial interrogation by the police. Miranda v. Arizona, (1966) 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694. A confession of guilt procured from a subject during custodial interrogation is not admissible in a trial of criminal charges in the absence of proof beyond a reasonable doubt that counsel was present or the right thereto was voluntarily and knowingly relinquished prior to the commencement of the interrogation. Pirtle v. State, (1975) 263 Ind. 16, 323 N.E.2d 634; Ortiz v. State, (1976) 265 Ind. 549, 356 N.E.2d 1188. When the right of counsel is asserted during questioning, that process must cease, and a confession procured by interrogators thereafter is per se inadmissible in the absence of a new waiver of counsel evidenced by proof that the suspect initiated the resumption of questioning. Edwards v. Arizona, (1981) 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378; Wall v. State, (1982) Ind., 441 N.E.2d 682, 683. The prophylactic rule of Edwards applies to the statement made after May 18, 1981. Solem v. Stumes, (1984) --- U.S. ----, 104 S.Ct. 1338, 79 L.Ed.2d 579.

On appeal the State conceded that appellant was read his Miranda rights, and then asserted his right to counsel during questioning by Officer Flournoy. The record of proceedings before us is totally bereft of any basis upon which to rationally conclude that the appellant initiated his further interrogation by Detective Woods at the station house. The resumption of custodial interrogation occurred in the year 1982, and therefore the police interrogators were subject to the restrictive rule of the Edwards case. The trial court was therefore bound to conclude that the evidence presented by the prosecution was insufficient to satisfy its burden of showing that the appellant voluntarily and knowingly relinquished the right to counsel before giving his station house confession, and it was consequently error to permit the prosecution to use the confession as proof of...