Dotson v. State

• Decision Date: 30 September 1971
• Docket Number: 1 Div. 681
• Citation: 288 Ala. 727,265 So.2d 162
• Parties: In re Lee Henry DOTSON v. The STATE of Alabama. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.
• Court: Alabama Supreme Court

Page 162

265 So.2d 162

288 Ala. 727

In re Lee Henry DOTSON v. The STATE of Alabama Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.

1 Div. 681.

Supreme Court of Alabama.

Sept. 30, 1971.

Rehearing Denied Nov. 4, 1971.

William J. Baxley, Atty. Gen., and Joseph G. L. Marston, III, Asst. Atty. Gen., for petitioner.

Johnston, Johnston & Kendall, Mobile, for respondent-defendant.

MADDOX, Justice.

The State of Alabama has petitioned this Court to review the decision of the Court of Criminal Appeals, 48 Ala.App. 378, 265 So.2d 160, which overturned Lee Henry Dotson's conviction and remanded the case to the Circuit Court of Mobile County for a new trial.

The Court of Criminal Appeals found that the trial court committed reversible error in admitting into evidence Dotson's confession, the Court stating:

'The record is devoid of any testimony, conclusionary or detailed, as to Dotson's Stating that he understood the warnings and waived the right to have counsel present.' (Emphasis added).

Review by certiorari of the opinion is sought here under the provisions of Rule 9, as amended, which allow a review in cases involving a question of first impression. The State claims that question is:

'May a waiver of an accused person' constitutional rights to silence and counsel be shown by the totality of the circumstances under which an incriminating statement is given to law enforcement authorities?'

As we read the opinion of the Court of Criminal Appeals, it decides that an accused cannot waive his right to have his counsel present during interrogation unless he Expressly states that he understands his rights but nevertheless waives them.

Assuming that the record is devoid of any testimony, conclusionary or detailed, as to Dotson's stating that he understood the Miranda ¹ warnings and waived the right to have counsel present, does the record have to show, as the Court of Criminal Appeals found, that Dotson expressly Stated that he understood? We think not.

Although there is language in Miranda which suggests that an in-custody interrogation may be conducted properly only upon an express staterment by the accused to the effect that he is willing to make a statement and does not want an attorney, we do not understand the basis for a determination of the voluntariness of an in-custody statement to be so narrowly limited. The ultimate test is whether the waiver of the right to silence and to counsel was knowingly, voluntarily and intelligently made. This determination can be deduced from the particular facts and circumstances of each case and need not be determined solely upon the presence or absence of an express statement of certain words. As was said in United States v. Hayes, 385 F.2d 375 (4 Cir., 1967); cert. den., 390 U.S. 1006, 88 S.Ct. 1250, 20 L.Ed.2d 106 (1968):

'Appellant is correct in his position that a heavy burden rests upon the government to prove that a person in custody 'knowingly and intelligently waived his privilege against self-incrimination and his right to retained or appointed counsel.' Miranda v. State of Arizona, supra, 384 U.S. at 475, 86 S.Ct. at 1628. However, he is inaccurate when he contends that federal courts apply a talismanic approach in determining whether this burden has been satisfied. Just as the mere signing of a boiler-plate statement to the effect that a defendant is knowingly waiving his rights will not discharge the government's burden, so the mere absence of such a statement will not preclude as a matter of law the possibility of an effective waiver.'

'Thus, we cannot accept appellant's suggestion that because he did not make a statement--written or oral--that he fully understood and voluntarily waived his rights after admittedly receiving the appropriate warnings, his subsequent answers swers were automatically rendered inadmissible. Of course, the attendant facts must show clearly and convincingly that he did relinquish his constitutional rights knowingly, intelligently and voluntarily, but a statement by the defendant to that effect is not an essential link in the chain of proof.'

The rule announced in Hayes has been followed in many state and federal decisions. In fact, in Lloyd v. State, 45...