Swanson v. State
| Decision Date | 27 June 1969 |
| Docket Number | No. 41231,41231 |
| Parties | Glenn Harry SWANSON, Appellant, v. STATE of Minnesota, Respondent. |
| Court | Minnesota Supreme Court |
Syllabus by the Court
1. The record herein clearly establishes that defendant freely and voluntarily, with no threats, promises, or inducements, entered his plea of guilty.
2. The rule is well established that unsupported assertions without more are wholly insufficient to overcome the presumption of regularity which attaches to a judgment of a court.
3. Defendant's claim that he was not furnished counsel during interrogation by the officers preceding his confession is of no significance since the confession was obtained in 1958, thus preceding both Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977, and Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, which are not retroactive.
4. Any evidence obtained by the officers at the time of the arrest of defendant was not used in a trial, since with full knowledge of his rights defendant entered his plea of guilty. Ordinarily, such plea admits the essential elements of the crime.
5. The record herein, viewed in the light more favorable to the judgment of conviction, supports the conclusion that defendant was given more than adequate representation throughout the entire proceedings.
C. Paul Jones, Public Defender, Robert E. Oliphant, Asst. Public Defender, Minneapolis, for appellant.
Douglas M. Head, Atty. Gen., St. Paul, George M. Scott, County Atty., Leonard Brod, Asst. County Atty., Minneapolis, for respondent.
Heard before NELSON, MURPHY, OTIS, SHERAN, and FRANK T. GALLAGHER, JJ.
A criminal complaint charging defendant-appellant, Glenn Swanson, with sodomy contrary to Minn.St.1961, § 617.14, was filed December 8, 1958. An information was filed December 9, 1958. Defendant was arraigned and pleaded guilty on December 10, at which time a presentence investigation was ordered. On January 26, 1959, defendant was sentenced to an indeterminate term not to exceed 20 years and was committed to the State Reformatory at St. Cloud. He was transferred to the State Prison at Stillwater August 29, 1960.
Defendant filed a petition for a writ of habeas corpus in Washington County District Court July 14, 1965, which petition was denied on the ground that petitioner had not complied with Minn.St. 589.04(4). A new petition for a writ of habeas corpus was filed in the Washington County District Court September 22, 1966, which petition was denied without hearing. A notice of appeal to this court was filed October 14, 1966. Upon petitioner's motion in this court to remand this case to the trial court for an evidentiary hearing under the Postconviction Remedy Act, L.1967, c. 336, Minn.St. c. 590, on August 28, 1967, we ordered the case remanded to Hennepin County District Court for that purpose. A petition for postconviction relief was filed September 7, 1967, and hearing was held thereon October 25, 1967, in Hennepin County District Court before the Honorable Eugene Minenko. The petition was denied and defendant appealed to this court January 16, 1968.
Defendant was charged by information with the crime of sodomy under Minn.St. 1961, § 617.14, following the complaint of Lorayne Marty, mother of RoJean Marty, victim of the offense. The victim had been babysitting for the estranged wife of defendant, Mrs. Janice Swanson. The victim stated that at approximately 12:50 a.m. December 2, 1958, defendant telephoned the Swanson residence and asked if his wife was at home. The victim informed him that his wife was not at home and defendant shortly thereafter arrived at the residence at 3010 Fremont Avenue North in Minneapolis.
Defendant engaged the victim in conversation, eventually bringing up the topic of sexual intercourse. The victim attempted to call her mother but was prevented from doing so by defendant, who placed his hand over her mouth and forced her into a vehicle. Defendant drove the victim to the approximate location of Lake Drive and France Avenue North in Robbinsdale. He then pointed a gun at her and clicked it, stating he would get her one way or another. Defendant then forced the victim to partially disrobe and lie on the front seat, whereupon he committed a sodomous act upon her. The following day the victim related the incident to her mother.
Defendant was arrested by the Brooklyn Center police December 2, 1958. Detectives Fred Weegmann and Joe Jaremko, who investigated the matter for the Hennepin County sheriff's office, first interviewed defendant in the Hennepin County jail on December 3, 1958, asking him if he wished to discuss the matter. Defendant readily agreed to speak with the detectives regarding the occurrence. During this first interview the detectives asked defendant if he wanted an attorney and he stated he did not need one. Defendant at that time conversed with the detectives regarding the incident and was asked if he would give a written statement, to which he agreed. The detectives then left, returning in the afternoon of the same day with a stenographer. Defendant was advised of his right to counsel and that anything he said could be used against him in court. He was then asked if he was still willing to give a statement, and he agreed. At that time his statement was taken in the presence of the stenographer. He then related all the events which took place on the night of December 2, 1958. Defendant was asked after giving the statement whether or not it was given of his own free will without any threats or promises, and he responded that it was. A copy of the statement was given to defendant after it was transcribed.
Shortly after giving the statement defendant conferred with an attorney of his own choice, Conrad J. Carr. The discussions between defendant and his counsel centered around the following points: (1) That a confession had been obtained, fully implicating defendant in the crime as charged; (2) that a revolver had been seized by police which was allegedly used against the victim; and (3) that a medical examination revealed evidence which could be used against defendant. These basic points were brought out by defendant himself during the postconviction proceedings.
Following discussion of these points, it was decided by defendant and his self-selected counsel that he should enter a plea of guilty to the crime as charged. On December 10, 1958, defendant appeared in district court before the Honorable William C. Larson for arraignment. Defendant entered a plea of guilty to the charge as specified in the information, and the then assistant county attorney, C. Paul Jones, questioned defendant. When asked whether any threats or promises had been made to induce him to enter his plea of guilty, defendant answered in the negative.
1. It is clear that defendant freely and voluntarily, with no threats, promises, or inducements, entered his plea of guilty.
The postconviction transcript indicates that at the hearing Detective Weegmann stated, in response to a question of the prosecutor as to whether or not he had said anything in regard to the disposition of the case, that he could not do this because it was not up to him and that it was entirely up to the court. Detective Weegmann stated that he did not make any promises that defendant would receive outpatient treatment or that he would be placed on probation. The detective further stated that he did not say he could 'fix it' with the judge concerning what type of sentence defendant could receive.
It is likewise clear that defendant's assertion that his counsel told him the crime would be handled like a carnal knowledge charge and that the maximum sentence would be 7 years was not made at the time of the arraignment and plea. In fact, defendant admitted at the postconviction hearing that he had testified as follows at the arraignment:
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In re S.L.S.
...consequences of pleading where he had full opportunity to discuss case with counsel before entering the plea); Swanson v. State, 284 Minn. 66, 71-72, 169 N.W.2d 32, 36 (1969) ("When a court-appointed counsel represents a defendant, it is presumed that his counsel will advise him of his righ......
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State v. Knight, 41525
...ex rel. Dinneen v. Tahash, 272 Minn. 7, 136 N.W.2d 847 (1965); Cable v. State, 284 Minn. 89, 169 N.W.2d 391 (1969); Swanson v. State, 284 Minn. 66, 169 N.W.2d 32 (1969); State ex rel. Gray v. Tahash, 279 Minn. 248, 156 N.W.2d 228 (1968); Tyler v. Beto, 391 F.2d 993 (5 Cir. This court furthe......
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Gallagher v. State
...more are wholly insufficient to overcome the presumption of regularity which attaches to the judgment of a court. Swanson v. State, 284 Minn. 66, 70, 169 N.W.2d 32, 35. Moreover, ordinarily conduct of retained counsel is imputed to the defendant. 284 Minn. 72, 169 N.W.2d Affirmed. * Acting ......
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Broberg v. State
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