EFFLAND v. People of The State of Colo.

Citation240 P.3d 868
Decision Date08 November 2010
Docket NumberNo. 09SC70.,09SC70.
PartiesPhillip EFFLAND, Petitioner v. The PEOPLE of the State of Colorado, Respondent.
CourtSupreme Court of Colorado

OPINION TEXT STARTS HERE

COPYRIGHT MATERIAL OMITTED.

Douglas K. Wilson, Public Defender, Katherine Brien, Special Deputy Public Defender, Denver, Colorado, Attorneys for Petitioner.

John W. Suthers, Attorney General, Rebecca A. Adams, Assistant Attorney General, Denver, Colorado, Attorneys for Respondent.

Justice MARTINEZ delivered the Opinion of the Court.

I. Introduction

This case involves a failed suicide pact between Petitioner Phillip Effland, his wife, and adult daughter. Petitioner's wife and daughter did not survive the incident; however, Petitioner did. Following his suicide attempt and the deaths of his wife and daughter, Petitioner was interrogated inside his hospital room by two police officers without the benefit of Miranda warnings. During the interrogation, Petitioner repeatedly stated that he did not wish to speak with the investigators until he had consulted with an attorney. The trial court denied Petitioner's motion to suppress the statements he made during the interrogation. First, the trial court held that Petitioner was not in custody at the time of the interrogation and therefore was not entitled to Miranda protections. Second, because the court determined that Petitioner was not in custody, the court ruled that his invocations of the rights to remain silent and to counsel did not need to be honored. Third, the court held that Petitioner made the statements voluntarily. Finally, the trial court held that prosecutorial misconduct did not require suppression of the statements. The court of appeals affirmed.

We hold that Petitioner was in custody for Miranda purposes at the time of the interrogation and his statements should therefore have been suppressed during the prosecution's case-in-chief. Having determined that Petitioner was in custody for Miranda purposes at the time of the interrogation, we do not reach the issue of whether, and to what degree, invocations of the rights to remain silent and to counsel must be honored in non-custodial interrogations. We also hold that Petitioner's statements were not made voluntarily and must also be suppressed under the due process clauses of the United States and Colorado Constitutions. Finally, we hold that prosecutorial misconduct, if any, does not require suppression of Petitioner's statements.

II. Facts and Procedural History

After receiving a request for a welfare check from Petitioner's adult daughter, Marna Arnett, police officers entered Petitioner's home. When the officers arrived, they found a suicide note attached to the back door. Upon entering the home, the officers found Petitioner's wife, Denise Effland, and second adult daughter, Brenna Effland, dead in the living room of the home. Denise Effland died of an apparent gunshot wound to the head, while Brenna appeared to have died from a drug overdose. 1 In another room of the home, the officers discovered Petitioner lying on the floor, shaking and incoherent. The officers also discovered a second suicide note inside the house, signed by all three family members. Petitioner was handcuffed and removed from the home. Several minutes later, an ambulance arrived to transport Petitioner to a hospital to receive medical attention. Once inside the ambulance the handcuffs were removed; an investigating officer accompanied Petitioner to the hospital inside the ambulance.

The following day, two police officers, Officer Sheets and Officer Hodgkin, arrived at the hospital to question Petitioner. Officers Sheets and Hodgkin were dressed in plain clothes. At the time, Petitioner was in the intensive care unit and hospital staff told the officers that Petitioner's doctor recommended they try to speak with Petitioner at a later time. The investigating officers left, but a uniformed officer remained stationed outside of Petitioner's room. The trial testimony is somewhat unclear as to the directions the uniformed officer received regarding his duties. The officer first testified that he was instructed not to allow Petitioner to leave the hospital, but later stated that, if Petitioner was able to do so, which he was not, he would have been free to leave. The officer testified that he sat in a chair outside of Petitioner's room near the nurse's station. Petitioner's room had a glass wall with an open curtain hanging inside. The officer testified that the door to Petitioner's room was open to the hallway throughout almost all of the time he was stationed outside of the room. The officer stated that he was able to see inside Petitioner's room and observe Petitioner the entire time he was stationed in the hallway. The officer additionally testified that Petitioner would have been able to see him sitting outside the room and, to the best of his recollection, Petitioner did in fact observe him.

At some point the same day, Officers Sheets and Hodgkin met with Marna Arnett who informed them she was attempting to obtain a lawyer for her father. Later the same day, the officers returned to the hospital to interview Petitioner, again dressed in plain clothes. The officers entered Petitioner's room and explained they were there investigating the events of the previous day and that they wished to speak with Petitioner about what had occurred. Officer Sheets stated that Petitioner was “coherent enough to realize that he was alive and his family was not.” Petitioner responded that he was not ready to talk about the situation, but that he might be willing to do so in the future. The officers then asked if Petitioner would execute a medical release, which he declined to sign.

Officers Sheets and Hodgkin returned the next day, dressed in civilian clothes. They had previously spoken to a Deputy District Attorney from the Arapahoe County District Attorney's Office about whether it would be proper to speak with Petitioner without an attorney present. The Deputy District Attorney informed the officers that, because Petitioner was not in legal custody and had not been charged with a crime, he was not entitled to an attorney. Prior to entering Petitioner's room, the officers spoke with Marna Arnett, who stated that her father would probably not wish to speak with them. The officers responded “that would be his decision” and that they would nonetheless “talk to him.” Marna then asked if she could be present during the questioning, but the officers responded that they wished to speak with Petitioner alone.

The officers then entered Petitioner's room, shutting the door behind them and taking seats in the visitors' chairs. The uniformed officer remained outside of the hospital room. The chairs in which the officers were seated were located very close to Petitioner's bed, within an arm's reach of Petitioner, and stood between the bed and the room's only exit. One officer sat close to Petitioner's head, while the other sat near his feet. The officers stated that they wished to speak with Petitioner and asked if he was willing. Petitioner answered that he would prefer to speak to an attorney first. Officer Sheets then told Petitioner that it was important for the officers to hear his version of the story in order to accurately understand what had occurred. Petitioner again stated that his daughter and sister were attempting to find him an attorney. The officers then asked if Petitioner would be willing to speak with them concerning the disposition of the personal property located at his home, as, when the officers had arrived two days earlier, an eviction notice was affixed to the front door. Petitioner stated that Marna was likely going to take care of his property. The officers then asked about Petitioner's medical status and whether he was likely to be released soon. Petitioner responded that he thought he would be released that day or the next, but that a mental health evaluation would have to be performed first. At that point, Officer Sheets told Petitioner that, because he was not under arrest, not in legal custody, and had not been charged with a crime, he was not entitled to an attorney.

The officers then told Petitioner they had been to his home to “collect evidence” and had formed a theory as to what had occurred. Officer Sheets told Petitioner that he was not going to ask him any questions, but was just going to tell him what the evidence suggested. Officer Sheets then told Petitioner he believed the following, among other things: (1) the Efflands were having financial hardships; (2) they were being evicted; (3) they all decided to commit suicide; (4) Petitioner wrote the suicide note attached to the back door; (5) Denise Effland wrote the suicide note located in the living room that contained the signatures of all three family members; (6) Petitioner's daughter Brenna died from a drug overdose; (7) Denise Effland died from a gunshot wound to her head; (8) that Petitioner was the one who shot Denise Effland; and (9) Petitioner took additional medications in an attempt to kill himself after shooting his wife.

Officer Sheets testified that while he was explaining his theory to Petitioner, Petitioner was crying and emotional and verbally agreed to some of the actions the officer described. At the end of Officer Sheets' explanation of his theory, he told Petitioner that “the only way to know for certain” what had occurred was to hear his side of the story, and asked “would you now want to talk to me about what happened?” Petitioner responded “all of your surmises are correct. If you give me a day or two I will walk you through it.” Petitioner then again indicated that he did not wish to speak further until he spoke with an attorney. However, the officers continued to ask Petitioner questions and eventually Petitioner began answering them. Petitioner stated, among other things, that he, his wife, and daughter divided his medication (which he ...

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  • State v. Warrior
    • United States
    • Kansas Supreme Court
    • 11 Mayo 2012
    ...or threatening, and, as we have repeatedly noted, they did not arrest Warrior after these hospital interviews. Compare Effland v. People, 240 P.3d 868, 874-76 (Colo. 2010) (hospitalized defendant was in custody for Miranda purposes, even though he was informed that he was not under arrest a......
  • People v. Cardman, Court of Appeals No. 14CA0202
    • United States
    • Colorado Court of Appeals
    • 22 Septiembre 2016
    ...and Colorado Constitutions, a defendant's statements must be made voluntarily in order to be admissible into evidence." Effland v. People , 240 P.3d 868, 877 (Colo. 2010) ; see Mincey v. Arizona , 437 U.S. 385, 398, 98 S.Ct. 2408, 57 L.Ed.2d 290 (1978). ¶ 61 A trial court's findings of fact......
  • People v. Cardman, Court of Appeals No. 14CA0202
    • United States
    • Colorado Court of Appeals
    • 29 Junio 2017
    ...and Colorado Constitutions, a defendant's statements must be made voluntarily in order to be admissible into evidence." Effland v. People , 240 P.3d 868, 877 (Colo. 2010) ; see Mincey v. Arizona , 437 U.S. 385, 398, 98 S.Ct. 2408, 57 L.Ed.2d 290 (1978). ¶ 10 A trial court's findings of fact......
  • State v. Warrior
    • United States
    • Kansas Supreme Court
    • 11 Mayo 2012
    ...or threatening, and, as we have repeatedly noted, they did not arrest Warrior after these hospital interviews. Compare Effland v. People, 240 P.3d 868, 874–76 (Colo.2010) (hospitalized defendant was in custody for Miranda purposes, even though he was informed that he was not under arrest an......
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