State v. Cullison

• Decision Date: 19 March 1975
• Docket Number: No. 2--57573,2--57573
• Parties: STATE of Iowa, Petitioner, v. Bennett CULLISON, Chief Judge of the Fourth Judicial District of Iowa, Respondent.
• Court: Iowa Supreme Court

Page 121

227 N.W.2d 121

STATE of Iowa, Petitioner, v. Bennett CULLISON, Chief Judge of the Fourth Judicial District of Iowa, Respondent.

No. 2--57573.

Supreme Court of Iowa.

March 19, 1975.

Lyle A. Rodenburg, County Atty., for petitioner.

Smith, Peterson, Beckman, Willson & Peterson, Council Bluffs, for respondent.

Heard by MOORE, C.J., and MASON, LeGRAND, REES and REYNOLDSON, JJ.

REYNOLDSON, Justice.

The State filed petition for writ of certiorari in this court, asserting trial judge acted illegally in suppressing oral admissions and a written statement by Steven Lybarger, who was charged with the murder of Judith Pleas. We now annul the writ.

Judith Pleas' decomposed body was found near Crescent, Iowa, on October 19, 1973. She had been missing since August 10, 1973.

Lybarger was 22 years old when hearing was held on the motion to suppress. Shortly after dropping out of the twelfth grade in high school he joined the navy. Nine months later he was discharged because 'he got busted for marijuana.' In May 1971, two or three weeks after his discharge, he married. From that marriage he has a three-year-old daughter. He held a variety of construction jobs, none lasting more than about eight months.

In the summer of 1973 Lybarger separated from his wife and moved to Omaha. She subsequently initiated a dissolution action. By September he was being pressured to pay a number of his insufficient fund checks. Accompanied by a girlfriend, Lybarger went to California.

December 28, 1973, the Pottawattamie county district court issued a bench warrant pursuant to a county attorney's information charging Lybarger with felonious false drawing of a bank check.

February 15, 1974, Lybarger was arrested in San Francisco. He waived extradition on the bad check charge on February 20.

February 23, 1974, a Saturday, three Iowa officers took Lybarger into custody at about eleven o'clock in the morning. He was given, and acknowledged he understood, his 'Miranda rights.' Lybarger signed a waiver of those rights. They boarded a 1:55 P.M. San Francisco-Denver-Omaha flight.

During the flight Lybarger conversed with the officers and consumed two meals. No mention was made to him of either the murder or bad checks. After the plane landed in Omaha at about 8:30 P.M. (Omaha time) the group arrived at the sheriff's office in Council Bluffs about 9:00 P.M.

The officers escorted Lybarger to a conference room where, again apprised of his Miranda protections, he signed another waiver. Apparently it was after this he first learned the officers were investigating the death of Judith Pleas. Lybarger was never interrogated about the checks. He was told Judith Pleas was a homicide victim. He denied he knew her.

One of the officers mentioned other persons had taken a polygraph examination in the course of the investigation and may have suggested Lybarger do the same. All three officers testified Lybarger asked to take the test that night because he 'felt good' and 'couldn't sleep any way,' despite their suggestion it wait until morning.

About 10:30 P.M. the officers called James Babbitt, a polygraph examiner employed by the county attorney's office, to administer the examination. Ultimately all went to the courthouse where the polygraph machine was located in a former magistrate's courtroom.

Lybarger and the officers ate a lunch brought to the polygraph room at approximately 11:00 P.M. Babbitt gave Lybarger his Miranda rights and the latter signed another waiver.

There followed a series of polygraph tests interrupted by formulation of additional questions and a break at about 2:30 A.M. so Lybarger could go to the restroom, smoke and have coffee. One of the officers later testified at this interval he asked Lybarger if he wanted to finish in the morning, and the latter allegedly said he felt good and wanted to finish it then.

The testing ended at approximately 6:30 A.M. Defendant had not made any inculpatory statements but the polygraph indicated some of his answers had been 'deceptive.'

The officers, informed some answers were evasive, began interrogating Lybarger in earnest. The latter testified they looked angry. Within a few minutes he was relating how he had beaten Judith Pleas into unconsciousness. Lybarger later stated he 'started rattling off at the mouth more or less making statements that were not true, based on information obtained from the interrogators.' At some point near the end of this interrogation Lybarger began shaking and crying. The officers, apparently alarmed, concluded he needed medical attention and took him to Mercy hospital.

Lybarger's hospital admission sheet stated 'possible drug reaction or withdrawal and probable psychologic reaction to combination of drugs and situation.' The hospital records show upon arrival at the hospital Lybarger complained of stomach pains and burning and strange mental feelings. He was very anxious and his pupils were dilated. He was given tranquilizers.

Lybarger had a history of drug use and claimed he had access to drugs in the San Francisco jail before his removal to Iowa. Lybarger was placed in bed with locked restraints on each ankle, his body, and left wrist, which were not removed. He slept much of February 24th. He was assigned to Dr. Mahoney, a practicing psychiatrist.

The doctor later testified he conversed with Lybarger about 10:00 A.M. on the 25th and 'found nothing abnormal about him at all.'

Dr. Mahoney told detective Williams (one of the officers who had been on the investigation from the outset) it would be all right to question Lybarger. Williams entered Lybarger's room and made some 'small talk' until the stenographer arrived. Williams then stated his purpose to obtain a written statement and again gave Lybarger his Miranda rights. The latter said he understood each right. He made an inculpatory statement which was taken by a stenographer, transcribed into typewritten form with a Miranda warning added, read and signed by Lybarger.

From March 19, 1974, to April 25, 1974, Lybarger was psychiatrically evaluated at the Oakdale Medical Facility by Dr. Paul Loeffelholz pursuant to court order. In response to an extensive hypothetical question this doctor opined Lybarger did not have the ability at the time of either statement to make a voluntary choice between making the statements and remaining silent. In response to a similar hypothetical question Dr. Mahoney testified in his opinion Lybarger was 'perfectly capable' of making both statements voluntarily.

After an extensive hearing respondent judge sustained the motion to suppress both statements. We granted certiorari on the State's petition. As this proceeding is now postured, respondent district court judge is defendant. See rule 307, Rules of Civil Procedure.

I. Scope of review.

At the outset we are met with a dispute over the applicable scope of review. Defendant, seeking to support the suppression ruling, asserts our review is not De novo, where as here there is substantial evidence to support trial court's ruling, but is strictly limited to questions of law, citing Inter alia, Lineberger v. Bagley, 231 Iowa 937, 940--941, 2 N.W.2d 305, 307 (1942). The State contends our scope of review in an original certiorari proceeding involving such a district court suppression order is 'de novo as to the totality of the circumstances,' citing several of our decisions including State v. Holderness, 191 N.W.2d 642 (Iowa 1971) and State v. Niccum, 190 N.W.2d 815 (Iowa 1971).

It must be conceded there may be reason for a difference of opinion as to the rule we apply. Compare Lloyd v. District Court of Scott County, 201 N.W.2d 720, 721--22 (Iowa 1972) with State v. Cullison, 215 N.W.2d 309, 313--14 (Iowa 1974). But there is a rationale threaded through our case law which, viewed in perspective, will harmonize most of our decisions and furnish the answer to the issue raised here.

Certiorari is a remedy provided by rules 306 through 319, R.C.P. This is the source of our basic rule that relief by way of certiorari shall be strictly limited to questions of jurisdiction or illegality of the acts complained of, unless otherwise specially provided by statute. Rule 308, R.C.P.; Wright v. Denato, 178 N.W.2d 339, 340 (Iowa 1970); Smith v. City of Fort Dodge, 160 N.W.2d 492, 495 (Iowa 1968).

Certiorari is not an equitable proceeding. The action is by ordinary proceedings, rule 317, R.C.P., which means it is a law action. Staads v. Board of Trs. of Fireman's Ret. Pension Fund, 159 N.W.2d 485, 489 (Iowa 1968). Consequently, our review ordinarily is not De novo and we do not review fact findings of the lower tribunal further than to ascertain if they are sustained by competent and substantial evidence. Rules 334, 344(f)(1), R.C.P.; State v. District Court of Iowa, in and for Linn County, 218 N.W.2d 641, 643 (Iowa 1974).

We have reasoned there is an illegality within the meaning of rule 308, R.C.P., where there is not substantial evidence to support the findings on which the lower court or tribunal based its conclusions of law. Steinbeck v. Iowa Dist. Ct. in and for Linn County, 224 N.W.2d 469, 472 (Iowa 1974); Reed v. Gaylord, 216 N.W.2d 327, 334 (Iowa 1974).

Where there is no factual dispute and no conflicting inferences may be drawn from the facts it is for us to review trial court's conclusions as a matter of law. Sueppel v. Eads, 261 Iowa 923, 926, 156 N.W.2d 115, 116 (1968). And in reviewing law issues, this court is not bound by trial court's ruling. City of Burlington v. Citizens to Protect Our Freedom, 214 N.W.2d 139, 141 (Iowa 1974); Frantz v. Knights of Columbus, 205 N.W.2d 705, 708 (Iowa 1973).

Exceptions to the above review rules have been carved out in at least two situations.

The first situation arises when a certiorari action is brought to challenge a contempt judgment. In review, we give weight to trial court's findings but are not bound by them. Because contempt is treated as criminal in nature, we...