People v. Smith, Docket No. 66731

• Decision Date: 08 June 1983
• Docket Number: Docket No. 66731
• Citation: 124 Mich.App. 723,335 N.W.2d 137
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Dwynne SMITH, a/k/a Dwayne Smith, Defendant-Appellee. 124 Mich.App. 723, 335 N.W.2d 137
• Court: Court of Appeal of Michigan — District of US

Page 137

335 N.W.2d 137

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Dwynne SMITH, a/k/a Dwayne Smith, Defendant-Appellee.

Docket No. 66731.

124 Mich.App. 723, 335 N.W.2d 137

Court of Appeals of Michigan.

Submitted Dec. 21, 1982.

Decided April 6, 1983.

Released for Publication June 8, 1983.

[124 MICHAPP 724] Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., William L. Cahalan, Pros. Atty., Edward R. Wilson, Deputy Chief, Asst. Pros. Atty., and Larry L. Roberts, Asst. Pros. Atty., for the people.

David S. Steingold, Detroit, for defendant-appellee.

Before V.J. BRENNAN, P.J., and KELLY and GRAVES, ^* JJ.

PER CURIAM.

The Wayne County Prosecuting Attorney appeals by leave granted an August 19, 1982, opinion and order of the Recorder's Court for the City of Detroit ordering defendant's confession suppressed on the grounds that a promise initiated by the interrogating police officer, Detective [124 MICHAPP 725] Kramer, overcame the defendant's free will and thereby renders defendant's confession inadmissible. After a Walker hearing [People v. Walker (On Rehearing), 374 Mich. 331, 132 N.W.2d 87 (1965) ] the trial court concluded that Detective Kramer had promised defendant that his friend Daryl Carter would be released from police custody if defendant confessed to murder.

At a Walker hearing, the trial judge sits as the trier of fact. When confronted with a conflict in the testimony, it is his duty to determine the credibility of the witnesses and arrive at his decision of whom to believe. People v. Yacks, 38 Mich.App. 437, 440, 196 N.W.2d 827 (1972). The Walker hearing record in the instant case amply supports the trial judge's finding that Detective Kramer initiated the promise to defendant. Nevertheless, this Court is required to examine the entire record and make an independent determination of the ultimate issue of voluntariness. People v. Robinson, 386 Mich. 551, 558-559, 194 N.W.2d 709 (1972). Some of the relevant factors in determining the issue of voluntariness include: (a) the duration and conditions of detention; (b) the manifest attitude of the police toward the accused; (c) the physical and mental state of the accused; and (d) diverse pressures which sap or sustain the accused's powers of resistance or self-control. People v. Allen, 8 Mich.App. 408, 412, 154 N.W.2d 570 (1967), citing Culombe v. Connecticut, 367 U.S. 568, 81 S.Ct. 1860, 6 L.Ed.2d 1037 (1961). The ultimate consideration is whether " 'the confession (is) the product of an essentially free and unconstrained choice by its maker' ". People v. Carl Johnson, 99 Mich.App. 547, 555, 297 N.W.2d 713 (1980).

We find that the defendant's statement was voluntary. Defendant was in custody for not more [124 MICHAPP 726] than 2 1/2 hours. It is not disputed that defendant was promptly advised of his Miranda rights, Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974 (1966). He was dressed and was not alone in a room with the interrogating officer. He was not physically forced to make the statement. Defendant was intelligent enough to have completed one semester of college. Finally, defendant admitted that he did not...