Woodard v. State

• Decision Date: 27 June 1977
• Docket Number: No. CR,CR
• Citation: 553 S.W.2d 259,261 Ark. 895
• Parties: Billy WOODARD, Appellant, v. STATE of Arkansas, Appellee. 76-50.
• Court: Arkansas Supreme Court

Page 259

553 S.W.2d 259

261 Ark. 895

Billy WOODARD, Appellant, v. STATE of Arkansas, Appellee.

No. CR 76-50.

Supreme Court of Arkansas, In Banc.

June 27, 1977.

M. Burk Dabney Jr., Marked Tree, for appellant.

Bill Clinton, Atty. Gen. by Robert A. Newcomb, Asst. Atty. Gen., Little Rock, for appellee.

ROY, Justice.

Appellant Billy Woodard was charged with capital felony murder in violation of Ark.Stat.Ann. § 41-4702 (Supp.1973). The information charged that appellant on September 3, 1975, while robbing C. M. Baker shot the victim, causing his death. The jury returned a verdict of guilty as charged and after further deliberation determined appellant should be sentenced to death. The court entered judgment accordingly. This appeal is from that judgment and sentence.

The record reflects Baker was a resident of Craighead County, Arkansas. The last day he was seen alive was September 3, 1975. Some hunters discovered his body in the floodway area near Payneway on September 7, and notified the Poinsett County sheriff's office. An investigation revealed appellant had been at the Baker home on the last day that Baker had been seen there by his wife.

After the body was found appellant was brought to the Craighead County sheriff's office for questioning on September 7, 1975; a statement was taken from him at that time and he signed a consent for the officers to search his mobile home. A search was conducted and appellant gave the officers a 12 gauge shotgun they found there. He was then released.

More than a month later the crime had not been solved, and on October 10, 1975, appellant again was picked up by the Craighead County sheriff's department and taken to the sheriff's office in Jonesboro, where he was fingerprinted and photographed. Craighead County Deputy Sheriff Findley and State Police Investigator Odom drove appellant to the scene where the body was found, and, after being questioned and shown photographs of the deceased, appellant gave a statement to the police officers admitting he had shot and killed the deceased and had taken his billfold which contained about $160. Officers Odom and Findley, after placing appellant under arrest and charging him with capital felony murder, delivered him to the Poinsett County jail.

On the same day appellant gave another statement to the Poinsett County sheriff's office which was essentially the same statement as that given to the State Police. On October 11, appellant also made a tape recorded statement which was almost identical to the first two statements. All these statements were admitted over objections at the trial. Appellant took the stand and repudiated all three statements and denied having killed or robbed the deceased.

For reversal appellant first contends the court erred in admitting appellant's confession taken by officers Odom and Findley on October 10, 1975.

Appellant testified that Findley had contacted him following discovery of Baker's body and had taken him to the sheriff's office for questioning around 10:30 a. m. on September 7. He stated he did not fully understand at that time that he either had a right to give a statement or not give a statement as he desired; that, although the sheriff's department knew he was a diabetic he was refused an insulin shot; and that he arrived at the sheriff's office about 10:30 a. m. and that he did not have anything to eat or have an insulin shot from that time until a little after 4 p. m. (It is noted appellant made no self-incriminating statement at this time.)

Appellant also testified that on the 10th day of October he was arrested at 7 a. m. and was detained in the Craighead County Sheriff's office until shortly before noon; that he was photographed and fingerprinted; that he was taken to the place where the victim's body was discovered and was shown a number of photographs of the victim; that he was also told he might have to stay at the scene all night; and that he was physically abused before he gave the statement.

The trial court, pursuant to Ark.Stat.Ann. § 43-2105 (Supp.1975), held the required Denno hearing to consider the circumstances surrounding the giving of appellant's confessions. Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964). Under this statute it is the duty of the court " . . . before admitting said confession into evidence to determine by a preponderance of the evidence that the same has been made voluntarily." Appellee contends the record clearly supports the court's finding that all these confessions were voluntary.

This Court, in Neal v. State, 259 Ark. 27, 531 S.W.2d 17 (1975), rehearing denied January 26, 1976, has stated that:

* * * Whenever the voluntariness of a defendant's confession is disputed on federal constitutional grounds, we make an independent determination from a review of the entire record. Degler v. State, 257 Ark. 388, 517 S.W.2d 515 (1974); Davis v. North Carolina, 384 U.S. 737, 86 S.Ct. 1761, 16 L.Ed.2d 895 (1966); and Harris v. State, 244 Ark. 314, 425 S.W.2d 293 (1968). In doing so, however, we do not set aside a trial court's finding of voluntariness unless the finding is "clearly erroneous." Degler v. State, supra. This standard of review is in accord with that of the federal courts. United States v. United States Gypsum Co., 333 U.S. 364, 68 S.Ct. 525, 92 L.Ed. 746 (1948), and Maple Island Farm v. Bitterling, 209 F.2d 867 (8th Cir. 1954).

At the Denno hearing Officer Odom, the State Police investigator who actually took appellant's confession on October 10, 1975, testified that by the use of a rights form he advised appellant of all his rights. Odom also testified that appellant then signed the waiver of rights form. Appellant had received an insulin shot about ten o'clock that morning. After fingerprinting appellant, Odom took him and Findley to a restaurant for lunch. After lunch appellant, Findley and Odom left Jonesboro and traveled to the scene of the crime. Appellant had stated he did not object. On arriving at the crime scene appellant was again advised of his rights. After more questioning from the officers Woodard made his first statement. Odom denied he told appellant they were going to question him until he confessed and that to his knowledge no one coerced appellant, promised him anything, intimidated him or beat him to obtain the confession.

Appellant's confession was very detailed, consisting of ten handwritten pages. ¹ It was written by Officer Odom, but each page was signed by appellant and the statement concluded as follows: "All of this statement is true and correct to the best of my knowledge. I make this statement without threats or promises being made to me." In the margin of the last page and followed by appellant's initials is the following statement: "Before making this statement I had been informed of my constitutional rights and understood them." Odom testified further that he then read the entire statement to appellant and appellant signed each page after some corrections were made. Appellant also read the confession and made some changes in it himself according to Odom.

Deputy Findley testified that on October 10 he stopped appellant's truck and asked him if he would come to the sheriff's office, and appellant complied with the request. According to Findley, Odom read appellant his constitutional rights and appellant indicated he understood them. Findley further testified there were no threats, coercion or promises of lenient treatment made to appellant. In addition, Findley denied he or Odom told appellant it would be best for him to make a statement. According to Findley when he, Odom and appellant arrived at the crime scene Odom again advised appellant of his constitutional rights. Contrary to the claims of appellant, Findley denied he physically mistreated appellant. In response to questions by the trial court, Findley denied he or Odom told appellant "if he would sign a confession that he had the easiest out in the world and that (they) would see that he got medical help."

The trial court found appellant was informed of his constitutional rights, that he knowingly and intelligently waived his right against self-incrimination and that the statement was made voluntarily. We find the trial court's determination of voluntariness was not "clearly erroneous." Neal, supra, and Degler, supra.

Appellant next urges that the statement given to Sheriff Crawford and Deputy Sheriff Walker later on October 10 and the taped statement given the next day were illegally admitted as evidence. Appellant contends the earlier October 10th statement was involuntary and that consequently the subsequent confessions were also tainted by the same influences and therefore inadmissible.

In Payne v. State, 231 Ark. 727, 332 S.W.2d 233 (1960), as to the admissibility of confessions we adhered to the rule announced in Love v. State, 22 Ark. 336 (1860), that when the original confession has been made under illegal influence, such influence will be presumed to continue and color all subsequent confessions, unless the contrary is clearly shown.

However, appellant's reliance upon Payne and other similar citations is misplaced because, as heretofore pointed out, we do not find the first confession was procured by illegal means. Even if we assume the statement given Officers Odom and Findley was involuntary, it does not automatically follow that the subsequent confessions are as a matter of law involuntary.

In Matthews v. State, 261 Ark. 532, 549 S.W.2d 492 (May 2, 1977), this Court held:

* * * Whether a confession subsequent to one obtained by unlawful pressure is voluntary depends upon whether an inference as to the continuing effect of the coercive practices may fairly be drawn from the surrounding circumstances and is determined by a conclusion as to whether the accused, at the time of the second confession, was in possession of mental freedom to confess or deny his suspected participation in a crime. The effect...