Roach v. Bennett, 52121

• Decision Date: 07 February 1967
• Docket Number: No. 52121,52121
• Citation: 148 N.W.2d 488,260 Iowa 103
• Parties: James ROACH, Appellant, v. John E. BENNETT, Warden, Iowa State Penitentiary, Appellee.
• Court: Iowa Supreme Court

Page 488

148 N.W.2d 488

260 Iowa 103

James ROACH, Appellant, v. John E. BENNETT, Warden, Iowa State Penitentiary, Appellee.

No. 52121.

Supreme Court of Iowa.

Feb. 7, 1967.

James Roach, pro se.

Richard Turner, Atty. Gen., and Ted F. Fay, Jr., Asst. Atty. Gen., for appellee.

LARSON, Justice.

Pursuant to a county attorney's information filed April 3, 1964, charging the appellant, James Roach, with murder in the second degree in violation of section 690.3, Code of Iowa 1962, appellant entered a plea of guilty before the district court on April 21, 1964, and on the same date was sentenced to serve a term of sixty years in the State Penitentiary. On or about March 12, 1965, after commitment, he petitioned for a writ of habeas corpus. It was denied after hearing on September 8, 1965, in the Lee County District Court. He appeals. We affirm.

While appellant appears pro se in this appeal, and certain requirements of the rules regarding the form of the record and brief and argument are not met, we have tried to understand his complaint and have considered his propositions and arguments. Although this appeal was ordered dismissed in the event no proper printed record was filed before November 15, 1966, and even though this has not been done, as a matter of grace we will review the proceedings here to see if appellant has been treated fairly in all previous proceedings pertaining hereto.

From the submitted record and its several supplements we glean that the habeas corpus hearing below was conducted by appellant pro se. In that hearing it appeared James Roach had on March 12, 1964, called the Des Moines police to report that he had killed his wife and wanted to talk to someone about it. Officer Cunningham responded and Roach told him he had stabbed his wife to death and directed a search for her body 'about five miles into Jasper County east from the Polk-Jasper county line, three and two-tenths miles southeast of Colfax.' With his help the officers located the body and, pursuant to a search in the general area where appellant said he had thrown the knife, recovered it on March 13, 1964. In the meantime appellant had been taken to the Jasper County jail in Newton, Iowa. When shown the recovered knife by the searching officers, he identified it as the murder weapon. He did not have assistance of counsel on these occasions. The sheriff of Jasper County testified appellant's sister notified him on March 12th that she had retained an attorney for appellant and that he would visit the jail the next morning, that Attorney Nick Friedman did arrive about 9 o'clock on March 13th and said he had been retained to represent defendant by Mr. Roach's sister. It further appears Mr. Friedman acted as his attorney thereafter although, due to the absence of the district judge, Friedman was not formally appointed until March 20, 1964. This appointment, however, was made effective on March 13, 1964.

On March 13, 1964, appellant was arraigned before a justice of the peace on a charge of first degree murder and waived preliminary hearing. As we understand it, Mr. Friedman was not present on that occasion. However, thereafter Friedman, without appellant's objection, appeared with him at each court appearance.

After a full hearing in the habeas corpus action in which several exhibits were introduced and witnesses were subpoenaed and examined by appellant acting pro se, the court dismissed the writ.

In our review of these proceedings we have carefully examined his record and the exhibits and considered his written arguments. Our difficulty with the piecemeal record continues with appellant's many contentions, propositions, and alleged assignments of errors. However, we, like the Attorney General, find they generally are as follows: (1) That appellant was denied counsel from the time of his arrest until eight days thereafter, including the time of his arraignment; (2) that he was held incommunicado for eight days following his arrest and arraignment; (3) that his transfer to the Mental Health Institute for mental evaluation was not done in compliance with statutory requirements; (4) that the charge filed against him was reduced without his or his counsel's presence in open court; (5) that he was interrogated by the officers in the absence of counsel from the time of his arrest until March 20, 1964, and his 'inculpatory statements * * * were utilized against petitioner;' (6) that the news media in the area published material prejudicial to him and his case; (7) that in the habeas corpus hearing petitioner was not permitted to orally argue his case in the trial court; (8) that the court failed to specifically rule on each exhibit offered in the habeas corpus hearing; and (9) that 'defendant is called mentally non-sui-juris * * * (while nowhere) in the files of any court can a ruling be found to support such action.' We find no merit in any of these contentions and will group them for consideration here.

I. Although the evidence does not sustain many of appellant's factual contentions, it does appear he gave admissions and statements as to his guilt during the first two days of his detention without being advised of his right to counsel. However, he cannot be granted relief in this habeas corpus on those grounds when it appears that he voluntarily and advisedly entered a plea of guilty to the charge against him on April 21, 1964, which was prior to June 22, 1964, the effective date of Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977. Johnson v. State of New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882; Davis v. State of North Carolina, 384 U.S. 737, 86 S.Ct. 1761, 16 L.Ed.2d 895; Miranda v. State of Arizona (1966), 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694; State v. Fox, Iowa, 131 N.W.2d 684. Petitioner's case here came on for trial on April 21, 1964. Since statements allegedly given were not introduced or considered in a trial, the rights announced in Escobedo and Miranda could not have been violated. We are also satisfied statements and admissions made by petitioner to the officers were completely voluntary and were given without the use of any force or prolonged questioning. In fact, it seems appellant desired to reveal his crime to ease his own conscience. He volunteered to aid authorities in finding the body of his wife and the weapon used in perpetrating the crime. It was pursuant to his claim of mental illness that he was sent to the Mental Health Institute for examination and evaluation. In any event there was no proffered evidence in the habeas corpus hearing which would indicate his plea to the crime of second...