State v. Gaston, 3 Div. 444
| Decision Date | 10 March 1987 |
| Docket Number | 3 Div. 444 |
| Parties | STATE v. Arthur L. GASTON. |
| Court | Alabama Court of Criminal Appeals |
C. Michael McInnish and Thomas M. Goggans of Goggans, McInnish, Bryant & Chambless, Montgomery, for appellee.
Charles A. Graddick, Atty. Gen., and J. Elizabeth Kellum, Asst. Atty. Gen., for appellant.
This is an appeal by the State from a pre-trial order of the Circuit Court of Montgomery County suppressing a confession or admission, pursuant to Rule 17, Temp.A.R.Crim.P.
Appellant, Arthur L. Gaston, was indicted on March 11, 1985, for murder in violation of § 13A-6-2(a)(1), Code of Alabama 1975. In the early morning hours of January 17, 1985, appellant was picked up by the Montgomery city police and transported to the police station for questioning in relation to the death of Michael Wayne Darden. The record before us reflects that after arriving at the police station he was advised of his rights, as required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), acknowledged that he understood those rights, signed a waiver of rights form, and agreed to make a statement. He made a statement in which he admitted shooting Darden, and related some details concerning the incident. The statement, as well as an explanation of his Miranda rights and waiver thereof, were videotaped.
Pre-trial motions to suppress the statement were filed by appellant in which he asserts that the statement was obtained without his giving an "effective waiver" of his Miranda rights, and that he was so incompetent at the time of making the statement that he could not give a voluntary, knowing, and intelligent waiver of his constitutional rights.
A hearing was held by the trial court on the motions to suppress on February 20, 1986. At the hearing, the State presented the testimony of the police officers involved in the taking of the statement, and the testimony of a psychologist, Mr. Allen Stewart of the Montgomery Area Mental In reviewing this case, we note at the outset that the trial judge did not make formal findings of fact or give any reasons for suppressing the statement. We have considered the evidence presented, as shown by the record, and have observed the videotaped statement. The record does not appear to us to disclose any police misconduct or coercive police activity in obtaining appellant's statement. The testimony of Mr. Stewart as to appellant's competency and his ability to understand the Miranda warnings and make a voluntary, knowing, and intelligent waiver of them is equivocal. Faced with this record and not knowing the basis of the trial court's decision, we find appellate review difficult.
Health Authority. Stewart testified concerning the mental competency of appellant. The videotaped statement was offered in evidence, as well as voluminous medical records concerning appellant, going back for many years. The medical records reflect that appellant has a long history of mental problems, has been confined in state mental institutions a number of times, and has been committed to mental institutions by the probate court of Montgomery County on at least two occasions. The records also reflect that appellant was under treatment for his mental problems and was taking prescribed drugs for those problems at the time of the shooting and the making of the statement. After the suppression hearing, the trial court entered an order suppressing the statement. The State appeals, claiming that it met its burden of proving the required elements of voluntariness and a Miranda predicate necessary for the statement to be admitted into evidence.
We are fully in agreement with the rule that the findings of the trial court on a motion to suppress are binding on this court unless they are clearly erroneous. Simmons v. State, 428 So.2d 218 (Ala.Cr.App.1983). However, it is difficult on this record to review the correctness of the trial court's decision, for the reasons stated. We, therefore, remand this cause to the trial court and request written findings of fact setting forth the facts relied upon to support the order of suppression, and make due return thereof to this court.
REMANDED WITH INSTRUCTIONS.
All Judges concur.
ON RETURN TO REMAND
In remanding this cause, we requested the circuit court to submit written findings of fact upon which it relied to suppress Gaston's confession. Its order reflects, in part, the following:
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Hull v. State
...evidence not reasonably available to the state when the pre-trial appeal was taken." Rule 15.7(h), A.R.Crim.P. See State v. Gaston, 512 So.2d 799, 801-02 (Ala.Cr.App.1987). Further prosecution is barred, therefore, unless the State has newly discovered, not merely new, evidence. Compare Ex ......
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State v. Jude
...case for findings of fact so that we would know the basis of the trial court's ruling, as we did in the similar case of State v. Gaston, 512 So.2d 799 (Ala.Cr.App.1987), we deem that to be unnecessary in this case because all of the material facts are before us and We conclude from our revi......
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State v. Austin, CR-90-524
...trial court's findings on a motion to suppress are binding on an appellate court, unless they are clearly erroneous. State v. Gaston, 512 So.2d 799, 801 (Ala.Cr.App.1987). "The findings of the trial court on a motion to suppress are binding on this Court unless they are clearly erroneous. U......
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State v. Richards
...case for findings of fact so that we would know the basis of the trial court's ruling, as we did in the similar case of State v. Gaston, 512 So.2d 799 (Ala.Cr.App.1987), we deem that to be unnecessary in this case because all of the material facts are before us and uncontested.”Jude, 686 So......