Garcia v. Johnson

• Decision Date: 15 April 1993
• Docket Number: No. 92-1830,92-1830
• Parties: Jorge GARCIA, Petitioner-Appellee, v. Richard JOHNSON, Respondent-Appellant.
• Court: U.S. Court of Appeals — Sixth Circuit

Page 324

991 F.2d 324

Jorge GARCIA, Petitioner-Appellee, v. Richard JOHNSON, Respondent-Appellant.

No. 92-1830.

United States Court of Appeals, Sixth Circuit.

Argued and Submitted Jan. 25, 1993.

Decided April 15, 1993.

George A. Sullivan, Jr. (briefed), Bloomington, IN, for petitioner-appellee.

Kathleen Davison Hunter, Asst. Atty. Gen. (argued and briefed), Peter L. Trezise, Lansing, MI, for respondent-appellant.

Before: BOGGS and SILER, Circuit Judges; and JOINER, Senior District Judge. ^*

BOGGS, Circuit Judge.

Jorge Garcia filed a petition for a writ of habeas corpus claiming that his 1987 guilty plea for assault with intent to commit murder was involuntary, primarily because of alleged language difficulties (Garcia speaks only Spanish) and because he gave contradictory answers at different points in his plea hearing. The district court ordered that the writ be granted unless the State of Michigan held another hearing, within ninety days, to establish by clear and convincing evidence that the plea was voluntary and intelligent. The State of Michigan appealed, alleging that the district court failed to apply a presumption of correctness to state court findings, and that the evidence demonstrated that the plea was voluntary and intelligent. For the reasons stated, we reverse.

I

Police arrested petitioner Jorge Garcia for the stabbing of David Castenada. Garcia was charged with assault with intent to commit murder, and possession of a concealed weapon. Petitioner appeared before the Kent County Circuit Court in Michigan on February 2, 1987 in order to plead guilty to the assault with intent to murder count, in violation of MCL § 750.83. In exchange for his plea, the government agreed to dismiss the concealed weapon count. Because petitioner cannot speak English, he was represented by a Spanish-speaking attorney. As an extra safeguard to insure that Garcia understood the proceedings, the court provided an interpreter. The court read the charge, and explained to Garcia the rights he was forfeiting by pleading guilty. The court further emphasized that petitioner was pleading guilty to a felony that was punishable by up to life imprisonment. Petitioner acknowledged that he understood, and that he was pleading guilty voluntarily.

The trial court then elicited a factual basis for the guilty plea. Petitioner acknowledged that the crime occurred on September 28, 1986. Petitioner stated that he became angry when an employee asked him to leave a bar. Garcia related that he then stabbed the employee in the back, and that the knife was about seven to eight inches long. The trial court asked petitioner if he intended great bodily harm.

The Defendant: No.

The Court: Did you stab him?

The Defendant: Yes.

The Court: And you knew that if you stabbed him it might kill him?

The Defendant: Yes.

The Court: You did not do this in self-defense?

The Defendant: No.

The court later asked Garcia if he knew he might kill the victim when he stabbed him.

The Defendant: Yes.

The Court: And that is what you intended to do at that time?

The Defendant: No.

At this point, the defense attorney asked if he might speak to his client. After a short discussion, the interpreter told the court that "he (petitioner) knows that with a knife that size he could kill somebody." The court then asked the petitioner if that was what he intended, and Garcia replied "Yes." The plea bargain was then accepted. On February 24, 1987, the court sentenced petitioner to incarceration for not less than 12 years, nor more than 30.

Garcia then made a motion to withdraw his guilty plea. He argued that he did not understand the nature of the charge, that the court failed to establish a sufficient factual basis, and that his attorney had misled him regarding the possible sentences. The court denied the motion. The conviction and sentence were affirmed by the Michigan Court of Appeals, and the application for leave to appeal to the Michigan Supreme Court was denied.

On May 8, 1991, Garcia filed a pro se petition for a writ of habeas corpus challenging the validity of his state court conviction for assault with intent to commit murder. Garcia argued that his plea was involuntary because he did not understand the nature and consequences of the charge; his conviction was obtained by a coerced confession; and there was insufficient factual basis for acceptance of the plea. On December 30, 1991, a magistrate judge, after reviewing the evidence, issued a report and recommendation that the writ would be granted unless the State of Michigan held a hearing within ninety days to establish by clear and convincing evidence that Garcia's plea was voluntary and intelligent. The district court adopted the magistrate judge's report.

The State of Michigan then brought this timely appeal.

II

In Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), the Supreme Court observed that when a defendant enters a guilty plea, the state has the burden to show that the plea was voluntary and intelligent. When a defendant subsequently brings a federal habeas petition challenging his plea, the state generally satisfies its burden by producing a transcript of the state court proceeding. The factual findings of a state court that the plea was proper generally are accorded a presumption of correctness. Dunn v. Simmons, 877 F.2d 1275 (6th Cir.1989), cert. denied, 494 U.S. 1061, 110 S.Ct. 1539, 108 L.Ed.2d 778 (1990), overruled on other grounds by Parke v. Raley, --- U.S. ----, 113 S.Ct. 517, 121 L.Ed.2d 391 (1992). However, when the transcript is inadequate to show that a plea was voluntary and intelligent, the presumption of correctness no longer applies. ¹

In this case, the magistrate judge found that the presumption of correctness did not apply. According to the court, the record as a whole did not demonstrate that Garcia voluntarily and intelligently entered a guilty plea. The court relied on Garcia's attempts to state that he did not intend to kill his victim. Other factors included that Garcia was a native of Mexico, had only lived in this country for one year, and did not speak English. For these reasons, the magistrate judge did not accord a presumption of correctness. The district court adopted these findings.

A determination of the voluntariness of a guilty plea must be made on an analysis of the totality of the circumstances. Berry v. Mintzes, 726 F.2d 1142 (6th Cir.), cert. denied, 467 U.S. 1245, 104 S.Ct. 3520, 82 L.Ed.2d 828 (1984). Based upon the record, it is clear that the presumption of correctness should apply and that the petitioner's plea was voluntary and intelligent.

The magistrate primarily relied upon the language difficulties encountered by Garcia. Garcia did not speak English and only lived in this country for one year. These facts are unavailing. The prisoner had an experienced criminal attorney who spoke Spanish. As an extra precaution, the court provided an interpreter. These safeguards are sufficient. See United States v. Rodriguez-DeMaya, 674 F.2d 1122 (5th Cir.198...