Gill v. Turner
| Citation | 443 F.2d 1064 |
| Decision Date | 07 June 1971 |
| Docket Number | No. 513-70.,513-70. |
| Parties | James Ray GILL, Appellee, v. John W. TURNER, Warden, Utah State Prison, Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (10th Circuit) |
William F. Reynard, Denver, Colo., for appellee.
David S. Young, Asst. Atty. Gen. (Vernon B. Romney, Atty. Gen., and Lauren N. Beasley, Chief Asst. Atty. Gen., on the brief), for appellant.
Before SETH, McWILLIAMS, and DOYLE, Circuit Judges.
James Ray Gill, a state prisoner, filed a petition for a writ of habeas corpus in the United States District Court, District of Utah, Central Division, alleging among other things that his plea of guilty entered in the state courts of Utah to the crime of robbery was involuntarily made as the result of physical abuse and threats on the part of a member of the Salt Lake City Police Department. Upon hearing, Gill testified that he pled guilty to the robbery charge because a certain detective struck him in the face and threatened to file habitual criminal counts against his two brothers if he (Gill) did not so plead. A fellow prisoner, who did not witness the alleged assault, testified that when Gill returned from this particular interrogation he did observe bruises and abrasions on Gill's face. A detective, who was apparently believed to be the one who allegedly struck and threatened Gill, took the stand and stated that he didn't "recall" ever having questioned Gill, though he admitted he had investigated the matter and had acutally signed the complaint against Gill.
It was on this state of the record that the trial court found, among other things, that Gill's plea of guilty was in fact induced by physical abuse and threats and was therefor not voluntary. The trial court then went on to order Gill's immediate discharge. Turner, the warden of the Utah State Prison and the respondent in the federal habeas corpus proceeding, now appeals.
Our study of the matter leads us to conclude that the trial court's finding that Gill's plea of guilty was involuntary cannot under the circumstances be disturbed. However, the trial court did err in ordering Gill's immediate discharge from custody.
The general rule is that a guilty plea, if induced by promises or threats which deprive it of the character of a voluntary act, is void and that a conviction based on such a plea is subject to collateral attack. Machibroda v. United States, 368 U.S. 487, 82 S.Ct. 510, 7 L.Ed 473. It is agreed that Gill has the burden of establishing by a preponderance of the evidence that his plea of guilty was involuntarily given, and in this connection it is Turner's position that Gill simply did not meet this burden. The trial court, however, was sitting as the trier of a disputed factual matter and in finding that Gill's plea was the result of physical abuse and threats it obviously chose to believe Gill and his corroborating witness, and in so doing elected not to believe the police officer. Such being the situation, as a reviewing court we must uphold the factual determination as made by the trial court, if there is evidence to support it. Crail v. United States, 430 F.2d 459 (10th Cir.). And, as above outlined, we find that there is such supporting evidence in the record. Cases cited by Turner on this particular point are ones where a trial court, based on evidence similar to that adduced in the instant case, nonetheless found the plea of guilty to be voluntary. Such does not mean, however, that a trial court on such evidence could not find that the plea in question was in fact involuntary.
In this court, though not in the trial court, Turner argues that the reporter's transcript of the proceedings at Gill's arraignment in the state court on the robbery charge negates his later claim that his guilty plea was in fact involuntary. In the trial court, despite inquiry of the judge, counsel for Turner declined to introduce the record of the state arraignment proceedings. In this court, however, Turner attaches to his brief that which is said to be a transcript of the proceedings at Gill's arraignment in the state court. Suffice it to say in this regard that the record as...
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CCA Recordings 2255 Litig. v. United States
...and/or video recordings the USAO received before they entered their guilty pleas. 180. Doc. 722 (sealed). 181. See Gill v. Turner, 443 F.2d 1064, 1066 (10th Cir. 1971) (holding that the state should be allowed to retry prisoner entitled to federal habeas relief before writ is actually issue......
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Fisher v. Rose
...is reviewed for abuse of discretion. Bromley, 561 F.2d at 1364; Gurule v. Turner, 461 F.2d 1083, 1084 (10th Cir.1972); Gill v. Turner, 443 F.2d 1064, 1066 (10th Cir.1971); Rundle, 427 F.2d at 224. We conclude that the district court abused its discretion in barring retrial by the state. Les......
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Capps v. Sullivan, 91-2125
...entered by the district court for an abuse of discretion. Gurule v. Turner, 461 F.2d 1083, 1084 (10th Cir.1972); Gill v. Turner, 443 F.2d 1064, 1066 (10th Cir.1971). For a federal court to exercise its habeas corpus power to stop a state criminal proceeding "special circumstances" must exis......