State v. Joy
| Decision Date | 10 August 1984 |
| Docket Number | No. 83-924,83-924 |
| Citation | 353 N.W.2d 23,218 Neb. 310 |
| Parties | STATE of Nebraska, Appellee, v. Carolyn A. JOY, Appellant. |
| Court | Nebraska Supreme Court |
Syllabus by the Court
1. Criminal Law: Confessions. In determining whether the State has shown the admissibility of custodial statements by the requisite degree of proof, this court will accept the factual determination and credibility choices made by the trial judge unless they are clearly erroneous, and in so doing we will look to the totality of the circumstances.
2. Confessions: Right to Counsel: Waiver. Once the right to counsel and the right to remain silent have been invoked by a defendant, the defendant cannot be persuaded to waive his rights, and there is a strong presumption against waiver. If the interrogation continues without the presence of an attorney and a statement is taken, a heavy burden rests on the government to demonstrate that the defendant knowingly and intelligently waived his privilege against self-incrimination and his right to retained or appointed counsel.
3. Confessions: Right to Counsel. An accused who has expressed his desire to deal with the police only through counsel is not subject to further interrogation by the authorities until counsel has been made available to him, unless the accused himself initiates further communication, exchanges, or conversations with the police.
Donald W. Kleine, Omaha, for appellant.
Paul L. Douglas, Atty. Gen., and Timothy E. Divis, Lincoln, for appellee.
The defendant, Carolyn A. Joy, was charged with first degree murder, convicted by a jury, and sentenced to imprisonment for the remainder of her life.
The sole assignment of error on appeal to this court is that the district court erred in refusing to suppress the statement or confession given by the defendant to Douglas County sheriff's officers. We agree with the defendant's position, and, as a consequence, we are compelled to reverse her conviction and sentence.
A recitation of the facts surrounding the confession is necessary. On June 8, 1983, members of the sheriff's department questioned Joy concerning the recent homicide of Laura J. LaPointe. Joy denied any involvement. On June 28, 1983, the defendant was in custody at the Douglas County Department of Corrections for a prostitution charge. On that day, at approximately 9 a.m., Joy was transported to the sheriff's office at 115th and Burt Streets to obtain a hair sample, undergo a polygraph test, and continue the June 8 interview. Joy told the deputy sheriffs that she had spoken with her attorney and that her attorney advised her not to say anything unless her attorney was present. After the hair sample was taken Joy was placed in an interrogation room "to continue the interview." The deputy sheriffs, on their own initiative and not at the defendant's request, attempted to contact the attorney whom the defendant said represented her. Around 11:15 that morning, the attorney returned the deputy sheriffs' telephone call and notified them that she was not Joy's attorney and did not intend to represent Joy. Joy was informed of this information, but she was not given an opportunity to talk to the attorney, nor was she allowed the option of calling the attorney or any other attorney. Joy was asked to continue the interview. Although Deputy Sheriff Robert J. Tramp testified that Joy agreed to talk to him at that time, it is undisputed that Joy refused to sign the standard rights advisory form. The questioning continued.
[218 Neb. 312] At 12:50 that afternoon Warden Charles Terry of the Douglas County Corrections Center arrived at the sheriff's office per Joy's request. Warden Terry informed Joy that she could trust the officers and "that if she knew anything it was best for her to cooperate and tell them what she knew and tell the truth ...." Terry went on to explain that no promises could be made. Shortly thereafter, and after signing the Miranda rights advisory form, Joy made incriminating statements as to how she and three other prostitutes had killed Laura J. LaPointe.
After a pretrial hearing on Joy's motion to suppress the statements, and after the trial court overruled her motion and subsequent objection at trial, the taped confession was heard by the jury.
In determining whether the State has shown the admissibility of custodial statements by the requisite degree of proof, this court will accept the factual determination and credibility choices made by the trial judge...
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State v. Garza
...of other prosecutions, placing the accused under a compulsion to speak, and thus rendered the statement involuntary. In State v. Joy, 218 Neb. 310, 353 N.W.2d 23 (1984), an officer told the accused after she had said her attorney had told her to remain silent that she could trust the office......
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State v. Ball, S-05-175.
...trial judge unless they are clearly erroneous, and in so doing we will look to the totality of the circumstances. See State v. Joy, 218 Neb. 310, 353 N.W.2d 23 (1984). A trial court's ruling on a motion to suppress, based on a claim of insufficiency of the affidavit supporting issuance of a......
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State v. Norfolk
...a defendant's statement was voluntarily made, before that statement is admissible as evidence against the defendant. See State v. Joy, 218 Neb. 310, 353 N.W.2d 23 (1984). In determining whether the State has satisfied its burden, a court examines the totality of the circumstances to ascerta......
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State v. Robertson
...approximately 8 months after Robertson's trial, this court reversed Joy's conviction and remanded for a new trial. See State v. Joy, 218 Neb. 310, 353 N.W.2d 23 (1984).) Joy continued her testimony and stated that on April 10, before meeting the other prostitutes and LaPointe, she had a "co......