Glock v. Dugger, 89-54-CIV-T-17.
Decision Date | 12 December 1990 |
Docket Number | No. 89-54-CIV-T-17.,89-54-CIV-T-17. |
Citation | 752 F. Supp. 1027 |
Parties | Robert Dewey GLOCK, II, Petitioner, v. Richard L. DUGGER, Respondent. |
Court | U.S. District Court — Middle District of Florida |
Martin J. McClain, K. Leslie Delk, Office of the Capital Collateral Representative, Tallahassee, Fla., for petitioner.
Robert J. Landry, Asst. Atty. Gen., Dept. of Legal Affairs, Tampa, Fla., for respondent.
ORDER ON PETITION FOR WRIT OF HABEAS CORPUS
This cause of action is before the Court on Petitioner Robert Dewey Glock's Petition for Writ of Habeas Corpus filed on January 3, 1989, pursuant to 28 U.S.C. § 2254; Petitioner's Motion for Evidentiary Hearing; Respondent Dugger's Response; and both parties Motions to Alter and Amend Judgment.
The Motions to Alter and Amend Judgment are granted. The issues contained therein are resolved by the discussion below. The Petition raises the following grounds.
The Court finds it appropriate to quote the following material facts, taken from the trial record, as set forth by the Florida Supreme Court in Puiatti v. State, 495 So.2d 128 (Fla.1986):
Petitioner's first two grounds are combined for purposes of discussion. Petitioner argues: (1) the admission of codefendant's confession and statements from their joint confession violated Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968) and Cruz v. New York, 481 U.S. 186, 107 S.Ct. 1714, 95 L.Ed.2d 162 (1987); and (2) the trial court erred in not granting a severance at either phase of the proceedings. This Court is not persuaded by Petitioner's arguments.
Petitioner contends that the trial court erred by allowing the jury to hear the codefendant's confession, with a limiting instruction, and the joint confession. Petitioner argues that despite the "interlocking" nature of the statements, their use at trial was in violation of his Sixth Amendment right to confrontation.
As a starting point, the United States Supreme Court has held that an accomplice's confession that incriminates another defendant is presumptively unreliable. Douglas v. Alabama, 380 U.S. 415, 85 S.Ct. 1074, 13 L.Ed.2d 934 (1965). However, it is equally important to note that the United States Supreme Court has held that this presumption is rebuttable under certain circumstances. Lee v. Illinois, 476 U.S. 530 at 543, 106 S.Ct. 2056 at 2063, 90 L.Ed.2d 514 (1986).
Even Justice Harlan, who was generally adverse to what he regarded as an expansive reading of the Confrontation right, stated that he "would be prepared to hold as a matter of due process that a confession of an accomplice resulting from formal police interrogation cannot be introduced as evidence of the guilt of an accused, absent some circumstances indicating authorization or adoption." Lee supra at 541 106 S.Ct. at 2062 quoting Dutton v. Evans, 400 U.S. 74, 98, 91 S.Ct. 210, 224, 27 L.Ed.2d 213 (1970).
This Court finds that the type of circumstances referred to by Justice Harlan in his concurring opinion in Dutton are present in the case at bar. These circumstances, described herein, reflect an indicia of reliability which properly permitted the introduction of the statements at trial.
At the joint confession of Petitioner Glock and Codefendant Puiatti, both men related the events leading up to and including the murder. While it is true that the bulk of the statements at the confession were made by Puiatti, Petitioner Glock did not sit by idly. In fact, the record shows that rather than sitting in silent agreement, Glock made every effort to enhance and correct even the most minor details...
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