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Carter v. State

Court: Indiana Supreme Court
Date filed: 2000-05-26
Citations: 730 N.E.2d 155
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Attorneys for Appellant

John C. DePrez, IV
Brown Linder & DePrez, P.A.

Kris Meltzer
Stubbs & Meltzer
Shelbyville, IN

Attorneys for Appellee

Jeffrey A. Modisett
Attorney General of Indiana

Arthur Thaddeus Perry
Deputy Attorney General
Indianapolis, IN



      IN THE
      INDIANA SUPREME COURT


LAWRENCE W. CARTER, JR.,
      Appellant (Defendant below),

      v.

STATE OF INDIANA,
      Appellee (Plaintiff below).



)
)     Supreme Court No.
)     73S00-9805-CR-312
)
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      APPEAL FROM THE SHELBY SUPERIOR COURT No. 2
      The Honorable Russell J. Sanders, Judge
      Cause No. 73D02-9703-CF-006



                              ON DIRECT APPEAL






                                May 26, 2000



SULLIVAN, Justice.

      Defendant Lawrence  Carter  was  convicted  of  Murder.   He  appeals,
arguing that his confession was improperly admitted into evidence.  We  find
that the trial court properly denied  Defendant’s  motion  to  suppress  his
confession.
      We have jurisdiction over  this  direct  appeal  because  the  longest
single sentence exceeds  50  years.   Ind.  Const.  art.  VII,  '  4;   Ind.
Appellate Rule 4(A)(7).


                                 Background


      The facts most favorable to the verdict show that on March  15,  1997,
the victim, Dirk Eberhart, was found dead at his home in Shelbyville  laying
face up on the couch with gunshot wounds to his head and neck.


      Defendant was arrested by the Lawrence Police Department on  April  3,
1997.  Detective Don Deputy initially questioned Defendant.  Deputy  advised
Defendant of his Miranda  rights  and  the  advisement  was  taped.   Deputy
noticed an odor of alcohol on Defendant and Defendant said that he had  been
drinking.  Deputy did not believe Defendant was intoxicated.


      Next, Lieutenant William Dwenger of the Shelbyville Police  department
questioned Defendant.  Dwenger also advised Defendant of his Miranda  rights
and Defendant said he understood  them.   Dwenger  did  notice  an  odor  of
alcohol and discussed it with  Defendant.   Dwenger  formed  a  very  strong
opinion  that  Defendant  was  not  intoxicated.   Defendant  also  admitted
smoking marijuana prior to being  taken  into  custody.   In  the  statement
given to Dwenger, Defendant confessed to shooting the victim.


      On October  14,  1997,  Defendant  filed  a  motion  to  suppress  his
statement, arguing that a knowing and voluntary  waiver  of  Miranda  rights
did not precede his statement.  On November 4, 1997, the trial court held  a
hearing on Defendant’s motion to suppress.  On November 26, 1997, the  trial
court denied Defendant’s motion.


      The State charged Defendant with Murder.[1]  On February 11,  1998,  a
jury found Defendant guilty.  The trial  court  imposed  a  sentence  of  63
years for murder and five  years  for  the  use  of  a  firearm  during  the
commission of a felony.[2]  Defendant appeals.

      We will recite additional facts as needed.


                                 Discussion


      Defendant’s  sole  contention  on  appeal  is  that  the  trial  court
committed reversible error by denying his motion to suppress  his  statement
to the police.   He  argues  his  confession  should  have  been  suppressed
because he did not waive his Miranda rights and his confession was not  made
voluntarily, intelligently, or knowingly.


      The trial court required the State to prove beyond a reasonable  doubt
that the Defendant voluntarily and intelligently waived  his  constitutional
rights and that his confession was voluntarily given  before  his  statement
would be admitted into evidence.  The trial court determined that the  State
sustained that burden and  denied  Defendant’s  motion  to  suppress.   “The
decision whether to admit a confession  is  within  the  discretion  of  the
trial judge and will not be reversed absent an abuse  of  that  discretion.”
Jones v.  State,  655  N.E.2d  49,  56  (Ind.  1995),  reh’g  denied.   When
reviewing a challenge to the trial court’s decision to admit  a  confession,
we  do  not  reweigh  the  evidence  but  instead  examine  the  record  for
substantial, probative evidence of voluntariness.  Id.

      Judge Russell Sanders made an especially careful and complete  set  of
findings and conclusions.  The trial court  first  addressed  the  issue  of
Defendant’s waiver of Miranda rights and found that  the  State  established
that the appropriate Miranda rights were read and  Defendant  knowingly  and
voluntarily waived those rights.   The  admissibility  of  a  confession  is
controlled by determining from the totality  of  the  circumstances  whether
the confession was  made  voluntarily  and  was  not  induced  by  violence,
threats, or other improper influences that  overcame  the  defendant=s  free
will.  See Wilcoxen v. State, 619 N.E.2d 574, 577  (Ind.  1993).   The  same
test  determines  whether  Miranda  rights  were  voluntarily  waived.   See
Gregory v. State, 540 N.E.2d 585, 592 (Ind. 1989).  Thus, the  voluntariness
of a defendant=s  waiver  of  rights  is  judged  by  the  totality  of  the
circumstances.  See Allen v. State, 686 N.E.2d 760, 770 (Ind.  1997),  cert.
denied, 525 U.S. 1073 (1999).  An express written or oral waiver  of  rights
is not necessary to establish a waiver of  Miranda  rights.   See  Horan  v.
State, 682 N.E.2d 502, 510 (Ind. 1997), reh’g denied.

      As noted by the  trial  court,  the  State  established  that  Miranda
rights were read on at least two occasions.  Defendant repeatedly said  that
he understood that he did not have to  speak  to  the  police.   The  record
shows the police advised Defendant  of  his  Miranda  rights  and  Defendant
stated  he  understood  those  rights  and  wished  to  give  a   statement.
Defendant gave a  statement  to  both  detectives  after  acknowledging  his
rights and his understanding of those rights.  The trial  court  noted  that
Defendant’s conversations with Dwenger regarding Miranda rights  were  clear
and detailed and he displayed an articulate and express  understanding  that
he was waiving his rights.  There was  no  evidence  of  violence,  threats,
promises, or improper influence.  From this evidence, the trial court  could
properly conclude that Defendant knowingly, intelligently,  and  voluntarily
waived his Miranda rights.

      Next, the  trial  court  looked  at  Defendant=s  assertion  that  his
intoxication rendered his statement involuntary.  The trial judge  concluded
that the effects of alcohol, if any, did not rise to the level necessary  to
prevent Defendant from giving an admissible confession.  As the trail  court
noted,  it  is  “‘only  when  an  accused  is  so  intoxicated  that  he  is
unconscious  as  to  what  he  is  saying  that  his  confession   will   be
inadmissible.’”  Williams v. State, 489 N.E.2d 53, 56 (Ind.  1986)  (quoting
Bundy v. State, 427 N.E.2d 1077, 1079 (Ind. 1981) (citing in  turn  Bean  v.
State, 267 Ind. 528, 532, 371 N.E.2d 713, 715 (1978))).   “‘Intoxication  of
a lesser degree goes only to the weight to be given  to  the  statement  and
not its admissibility.’”  Id.

      In this case, the trial judge noted that far from  being  unconscious,
Defendant displayed awareness, organized thinking, and an  understanding  of
what was  transpiring.   The  trial  court  considered  several  aspects  of
evidence with regard to Defendant’s intoxication.  This evidence included  a
reading of the statements, which Defendant  gave  to  Deputy,  Dwenger,  and
other officers.  The trial court also listened to  the  tape  recordings  of
those  statements  and  determined  there  was  little  difference   between
Defendant’s voice on  the  tape  and  his  testimony  at  the  hearing.   It
considered  the  testimony  given  by  Defendant  and  the   arresting   and
interviewing officers at the hearing.   In  that  testimony,  the  arresting
officer and the three interviewing officers  all  testified  that  Defendant
was sober.  The record shows that when asked if he  was  sober  by  Dwenger,
the Defendant responded, “yeh.”  The trial court  made  extensive  inquiries
into the available evidence and  concluded  that  the  evidence  established
beyond a reasonable doubt that Defendant understood the Miranda  rights  and
knowingly and intelligently waived those rights despite  the  fact  that  he
had been drinking and smoking marijuana earlier in the day.

      On the basis of the foregoing, we find that the trial  court  did  not
abuse its discretion in denying Defendant’s motion to suppress.



                                 Conclusion


      We affirm the judgment of the trial court.


      SHEPARD, C.J., and DICKSON, BOEHM and RUCKER, JJ., concur.
-----------------------
      [1] Ind. Code ' 35-42-1-1(1) (1993).

      [2] Id. ' 35-50-2-11 (1996).  Defendant pled  guilty  to  the  firearm
enhancement.