Robert Arthur HART, Petitioner-Appellant, v. ATTORNEY GENERAL OF THE STATE OF FLORIDA, Secretary for the Department of Corrections, Respondents-Appellees.
No. 01-15571.
United States Court of Appeals, Eleventh Circuit.
March 5, 2003.
323 F.3d 884
Before TJOFLAT and KRAVITCH, Circuit Judges, and VINSON, District Judge.
Under Alabama law, Kesler‘s issuance of the reckless driving citation and arrest of Wood were discretionary acts for immunity purposes. Ex Parte City of Montgomery, 758 So.2d at 570; Wright, 682 So.2d at 2. Furthermore, Wood has not presented any evidence that Kesler acted in bad faith, maliciously or willfully to deny him discretionary-function immunity. Wood stresses that Kesler did not respond to his subpoena request and that Kesler asked Wood about this request during the ride to the jail. Kesler, however, showed the subpoena request to his superiors and was advised that he was not required to produce the records. There is no evidence of any malicious motive.
Wood further contends that Kesler‘s delay in issuing the reckless driving citation and his asking about Wood‘s not guilty plea evidence Kesler‘s bad faith. Although Kesler did not issue the citation at the scene on March 30 and allegedly asked about Wood‘s not guilty plea, this does not alter the fact that he had probable cause to issue it. The existence of probable cause, and in particular the facts showing that probable cause, contradict any suggestion of malicious intent or bad faith. See Ex Parte City of Montgomery, 758 So.2d at 570. Further, even assuming the ultimate decision to issue the reckless driving citation was Kesler‘s, he acted on prosecutor Jones‘s request, which further defeats the claim of malice or bad faith. Thus, we conclude that under Alabama law Trooper Kesler is entitled to discretionary-function immunity on Wood‘s state law claims for false arrest and malicious prosecution.
V. CONCLUSION
For these reasons, we reverse the denial of defendant Kesler‘s motion for summary judgment and remand this case to the district court for entry of final judgment in favor of Trooper Kesler on all of Wood‘s claims.
REVERSED AND REMANDED.
Paulette R. Taylor, Miami, FL, for Respondents-Appellees.
TJOFLAT, Circuit Judge:
I.
A.
On July 20, 1994, Robert Hart, the appellant; James Leonard, III; Jyri Quinland; Nelson Vargas; and Jason Monte-Perini were indicted by a Dade County,* Florida, grand jury following the July 3, 1994 armed robbery of Elite Photography Studio (“Elite“)—a private club in North Miami Beach where customers paid to watch and photograph models in various states of undress—which led to the deaths of Todd Klein and Yohanna Fleites, Elite‘s manager and one of its models, respectively. Each defendant was charged with two counts of first degree murder, armed robbery, burglary with assault or battery therein while armed, and unlawful possession of a firearm while engaged in a criminal offense. The defendants were also charged with the armed kidnaping of Aneschka Culmer, another model at Elite, who was the only witness and survivor of the armed robbery.1
The defendants were tried separately in the Dade County Circuit Court.2 Following a jury trial in November 1997,3 Hart was convicted on all counts.4 Hart‘s conviction was based primarily on a taped statement given to police in which he confessed to participating in the robbery, and physical evidence which discredited the portion of Hart‘s statement in which he denied killing Klein and Fleites. The only other evidence presented by the prosecution which linked Hart to these crimes was Hart‘s fingerprint which had been found on the outside of the door to Elite. Culmer, the only eyewitness, was not available to testify at Hart‘s trial, and Hart‘s co-conspirators were not called as witnesses.
The suppression hearing revealed that the Metro-Dade police learned of Hart‘s involvement in the robbery at Elite after talking to Culmer. Culmer provided them with a description of each of the five participants, names she overheard, and a description of the truck they were driving. She also told the officers that one of the participants, whom the others referred to as “Rolex,” said that his wife used to work as a model at Elite. Acting on this information, the police found an employment application in Elite‘s files which was filled out by a woman who listed “Rolex” as her last name. Detectives matched the address on this employment application to the residence of Leonard. The police connected Hart to Leonard because they had recently been arrested together for stealing Hart‘s grandparents’ credit cards. Culmer identified Leonard and Hart as participants in the robbery and homicides from photographic lineups.
B.
Hart was the first suspect to be brought in for questioning. Detective Hill testified that he was chosen to bring Hart in for questioning on July 4 because he already knew Hart from his investigation of the credit card case. Hill called Hart‘s grandparents’ house, where Hart lived,6 to confirm that he was home, and explained to Hart‘s grandmother that he wanted to bring Hart to the police station to talk about the credit card case, which was still pending. He then drove to the grandparents’ house and asked Hart to accompany him to the police station to talk about the credit card case, which Hart agreed to do. Hill did not tell Hart or his grandparents about the homicide investigation.
Hill testified that, after arriving at the police station, he and Hart discussed the credit card case for five to ten minutes. Hill told Hart that he had to stay out of trouble because Hill was going to talk to the state attorney about getting Hart into a diversion program or probation in lieu of jail time for the credit card theft. As he was leaving the room, Hill told Hart that Detective Mauer wanted to speak to him about another case, but he did not tell Hart what the nature of the other case was. Hill did not tell Hart that he was free to leave.
Detective Mauer also knew Hart from a previous investigation (a sexual abuse case in which Hart was the victim). Mauer testified that before asking Hart any questions, he had Hart sign a Miranda rights waiver form. Mauer testified that he explained to Hart one by one each right listed on the form: (1) that he had the right to remain silent; (2) that anything he said could be introduced into evidence against him in court; (3) that he had the right to have an attorney to represent him at any time during questioning; and (4) that if he wanted an attorney but could not afford one, one would be provided without charge. After Mauer explained each right, Hart put his initials next to “yes” to indicate that he understood the right. Mauer then directed Hart‘s attention to a question on the form asking whether he was willing to answer questions at this time
Mauer testified that after Hart signed the Miranda rights waiver form, he told Hart that he was investigating a homicide that occurred at a photo place, and he wanted to find out what Hart knew about it. Hart said that he knew nothing about it. Mauer then told Hart that a witness had identified him from a photographic lineup. Hart then asked to speak to Jodi Schuster, a detective whom Hart knew because she worked with juveniles and gangs in his neighborhood. Mauer testified that Hart did not ask to speak to a lawyer7 or to his grandparents.8 After Hart requested to speak to Schuster, Mauer stopped questioning him and left the interview room to arrange for Schuster to come to the police station to talk to Hart.
Schuster testified that when she arrived, Hart told her that he asked to speak to her because he thought of her as a friend. He told her that he thought she would tell him the truth, and she told him that she had never lied to him in the past, and she would not lie to him now. In fact, she did lie to him about there being a video camera at Elite that had recorded the robbery and the killings. She testified that her purpose in lying about the video camera was to ensure that Hart told her the truth.
Hart asked her if he was in big trouble, and she answered that he was in “the biggest trouble [he] could ever be in.”9 Hart asked what could happen to him, and she told him that he could be given the death penalty if he were tried as an adult, which she believed was very likely. Hart asked Schuster whether she would get an attorney if she were in his shoes, and she told him that she could not answer that question, that he had to make his own decision. She told him to think about what he wanted to do and left the room for approximately five minutes to give him time to think about it.
Schuster testified that when she came back to the room, Hart said, “Let‘s get started.” Hart then asked her what the pros and cons of having an attorney were in her opinion. She said that in her opinion the pros of having an attorney were “He‘ll protect your rights. He‘ll tell you what to answer, what not to answer, and he‘ll be here for you.” She told him the con in her opinion was “I‘m going to want to ask you questions and he‘s going to tell you you can‘t answer me.”
Schuster did not re-Mirandize Hart. She testified that she did not indicate to Hart that she would keep what he said to
Schuster testified that after she told Hart her opinion of the pros and cons of having a lawyer, Hart again said, “Let‘s get started.” Hart then gave an incriminating statement to Schuster. He repeated this statement a few minutes later with both Schuster and Mauer in the room. This second statement was recorded. At Hart‘s trial, Schuster testified to the contents of Hart‘s initial statement (which she called a “pre-interview“), and the taped statement was played for the jury.
C.
In his taped statement, Hart said that it was Leonard‘s idea to go to Elite on July 3, 1994 to watch models undress. Leonard told Hart to get his grandmother‘s credit cards so they could pay for this activity. When they arrived at Elite, Todd Klein told them that Elite did not accept their credit cards. Leonard told Klein they would go to an ATM to get money and come back. Hart said that after they left Elite, Leonard suggested that they go back and rob the place. Hart, Quinland, and Vargas were opposed to this idea at first, but Leonard convinced them to do it. Hart said that he was supposed to stay in the truck while the others went in, but when they arrived at Elite, Leonard made everyone go inside.
The group had two firearms. Leonard was carrying one which Hart said did not work, and Monte-Perini was carrying the other—a .22 caliber rifle. Once they were inside, Monte-Perini gave the rifle to Hart. Leonard pointed his firearm at Klein‘s head and told him this was a robbery. Leonard told Hart to watch Klein, Fleites, and Culmer with the rifle in one room while the others looked around the rest of the club for things to steal. Quinland took Culmer out of the room to talk to her when she implored them not to hurt her because she had a young child. After searching for things to steal, Leonard came back in the room and took Fleites down the hall, leaving Hart alone with Klein. Hart believed that Leonard took Fleites down the hall to rape her.
When Leonard brought Fleites back into the room a few minutes later, he threatened to kill Hart if he did not kill Klein. At this point, Leonard and Hart were the only participants still in the club. Leonard put a pillow over Klein‘s head. Hart said that he fired into the pillow, but deliberately missed Klein. Hart said that after Leonard discovered that Klein was still alive, Leonard shot and killed both Klein and Fleites.
Leonard and Hart then exited the club and joined the others outside. Leonard wanted to kill Culmer too, but Quinland would not let him. They drove to Leonard‘s house, taking Culmer and the items they stole with them. Once they were at Leonard‘s house, they brought the items they stole inside, and Leonard left to drive Culmer home.
After completing his account of the robbery and homicides, Hart gave names and descriptions of Leonard, Quinland, Vargas, and Monte-Perini. Schuster asked Hart if he had given the taped statement voluntarily, and he answered “yes.” She asked if anyone had threatened or coerced him to make the statement, and he answered “no.” She asked if anyone had made any
On March 12, 1996,10 the circuit court, relying on Davis v. United States, 512 U.S. 452, 114 S.Ct. 2350, 129 L.Ed.2d 362 (1994), denied Hart‘s motion to suppress because it concluded that his colloquy with Schuster was not an unequivocal request for an attorney.11 In a per curiam decision filed September 8, 1999, the Florida Third District Court of Appeal affirmed without written opinion, citing as support for its affirmance State v. Owen, 696 So.2d 715 (Fla.1997),12 which held based on Davis that “police in Florida need not ask clarifying questions if a defendant who has received proper Miranda warnings makes only an equivocal or ambiguous request to terminate an interrogation after having validly waived his or her Miranda rights.” Owen, 696 So.2d at 719. It therefore appears that the Third District Court of Appeal affirmed the denial of Hart‘s motion to suppress based solely on its agreement with the circuit court that Hart‘s colloquy
with Schuster did not amount to an unequivocal request for an attorney.
On November 3, 2000, Hart, who is now in the custody of the State of Florida under a sentence of life imprisonment, filed a petition for writ of habeas corpus under
II.
A.
Writing for the Court with respect to Part II in Williams, Justice O‘Connor explained that a state-court decision will be contrary to clearly established federal law “if the state court applies a rule that contradicts the governing law set forth in [Supreme Court] cases” or “if the state court confronts a set of facts that are materially indistinguishable from a decision of [the Supreme] Court and nevertheless arrives at a result different from [Supreme Court] precedent.” Williams, 529 U.S. at 405-406, 120 S.Ct. at 1519-1520. Hart argues that the decision of the state courts is contrary to clearly established federal law, as determined by the Supreme Court, because the trial judge failed to determine whether his Miranda waiver was voluntary, knowing, and intelligent under the totality of the circumstances. As noted supra, both the state trial court and the state appellate court determined that Hart‘s colloquy with Schuster was not an unequivocal request for counsel under Davis. Neither court, however, analyzed whether Hart‘s colloquy with Schuster resulted in a waiver that was not voluntary, knowing, and intelligent.
Justice O‘Connor determined that the statutory phrase “clearly established federal law, as determined by the Supreme Court” refers to “the holdings, as opposed to the dicta, of [the Supreme] Court‘s decisions as of the time of the relevant state-court decision.” Williams, 529 U.S. at 412, 120 S.Ct. at 1523. Justice O‘Connor went on to explain that “[w]ith one caveat, whatever would qualify as an old rule under [the Supreme Court‘s] Teague jurisprudence will constitute ‘clearly established federal law, as determined by the Supreme Court of the United States’ under § 2254(d)(1). The one caveat ... is that § 2254(d)(1) restricts the source of clearly established law to [the Supreme] Court‘s jurisprudence.” Id. (internal citation omitted).
The Supreme Court has held—and it is therefore clearly established—that the government cannot introduce a suspect‘s statement taken without the presence of an attorney without first showing that the suspect made a voluntary, knowing, and intelligent waiver of his right to counsel. Miranda, 384 U.S. at 475, 86 S.Ct. at 1628 (“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.“); see also United States v. Beale, 921 F.2d 1412, 1434 (11th Cir.1991) (“Before the government may introduce a suspect‘s uncounselled statement made during custodial interrogation, it must show that the suspect made a voluntary, knowing and intelligent waiver of his privilege against self-incrimination and his right to counsel.“).
Likewise, it is clearly established from holdings of the Supreme Court that the inquiry into whether a waiver was voluntary, knowing, and intelligent is twofold: First, the relinquishment of the right must have been voluntary in the sense that it was the product of a free and deliberate choice rather than intimidation, coercion, or deception. Second, the waiver must have been made with a
Hart argued in both the state trial court and the state appellate court that his waiver was not voluntary, knowing, and intelligent because Schuster misled him as to the nature of the rights he was waiving. Clearly established federal law,16 as deter-
Notes
We now examine the totality of the circumstances, as the state courts should have done, and conclude that Hart‘s waiver was, in fact, the product of deception and was not “made with a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it.” Moran, 475 U.S. at 421, 106 S.Ct. at 1141. In this case, Detective Mauer went to great lengths to apprise Hart of his rights. He testified that he went over the Miranda rights waiver form with Hart and carefully explained each Miranda warning to Hart, including that anything he said could be used against him in court. Mauer testified that Hart signed the form to indicate that he understood each right and that he was willing to answer questions without a lawyer. Although a signed Miranda waiver form is “usually strong proof” that a suspect voluntarily waived his rights, it is not conclusive on this issue. North Carolina v. Butler, 441 U.S. 369, 373, 99 S.Ct. 1755, 1757, 60 L.Ed.2d 286 (1979) (“An express written or oral statement of waiver of the right to remain silent or of the right to counsel is usually strong proof of the validity of that waiver, but is not inevitably sufficient to establish waiver. The question is not one of form, but rather whether the defendant in fact knowingly and voluntarily waived the rights delineated in the Miranda case.“); see also Blasingame v. Estelle, 604 F.2d 893, 896 (5th Cir.1979)17 (“Defendant‘s signing of the waiver form, though not conclusive, is ‘usually strong proof of the voluntariness of the waiver.‘“) (emphasis added). Our analysis cannot end with Hart‘s signing of the waiver form because we are required to examine the “totality of the circumstances surrounding the interrogation” to determine whether Hart‘s decision to waive his rights was made voluntarily, knowingly, and intelligently.18
Schuster responded to Hart‘s request for clarification by telling him that in her opinion the pros of having an attorney were “He‘ll protect your rights. He‘ll tell you what to answer, what not to answer, and he‘ll be here for you.” This was an acceptable response, but then she also told him that the con in her opinion was “I‘m going to want to ask you questions and he‘s going to tell you you can‘t answer me.” Hart asked Schuster for a clarification of his right to counsel, and Schuster responded by telling him that the disadvantage of having a lawyer present was that the lawyer would tell Hart not to answer incriminating questions. The reason for requiring a lawyer during custodial interrogation is to protect a suspect‘s privilege against self incrimination, yet, Schuster in effect told Hart that this was the disadvantage of having a lawyer.
During this colloquy on the pros and cons of hiring a lawyer, Schuster also told Hart that “honesty wouldn‘t hurt him.” Telling him that “honesty wouldn‘t hurt him” contradicted the Miranda warning that anything he said could be used against him in court.19 The phrase “honesty will not hurt you” is simply not compatible with the phrase “anything you say can be used against you in court.” The former suggested to Hart that an incriminating statement would not have detrimental consequences while the latter suggested (correctly) that an incriminating statement would be presented at his trial as evidence of his guilt.
Schuster‘s conduct was not unlike the conduct of the FBI agents in United States v. Beale, 921 F.2d 1412 (11th Cir. 1991).20 In Beale, we held that a defendant‘s Miranda waiver was invalid because, “by telling [the defendant] that signing the waiver form would not hurt him the [FBI] agents contradicted the Miranda warning that a defendant‘s statements can be used against the defendant in court, thereby misleading [him] concerning the consequences of relinquishing his right to remain silent.” Beale, 921 F.2d at 1435. We see no significant difference
Given the totality of the circumstances surrounding the interrogation, which include Hart‘s trust of Schuster and Schuster‘s statements contradicting the Miranda warnings, we cannot say that Hart‘s decision to waive his rights and confess was voluntary, knowing, and intelligent. His decision to waive his rights and confess was the product of Schuster‘s deception and, as a result of her contradictory statements, he did not truly understand the nature of his right against self-incrimination or the consequences that would result from waiving it. Therefore, his waiver was not voluntary, knowing, and intelligent as required by Miranda, and the state court‘s failure to apply the correct legal standard to this issue resulted in a decision that was contrary to clearly established federal law, as determined by the Supreme Court.
B.
The admission of statements obtained in violation of Miranda is subject to harmless error scrutiny. “The question is whether there is a reasonable possibility that the evidence complained of might have contributed to the conviction.” Fahy v. Connecticut, 375 U.S. 85, 86-87, 84 S.Ct. 229, 230, 11 L.Ed.2d 171 (1963). “This determination requires a two-fold inquiry into (1) the effect of the erroneously admitted statement upon the other evidence introduced at trial, and (2) upon the conduct of the defense.” Beale, 921 F.2d at 1435 (citing Harryman v. Estelle, 616 F.2d 870, 875 (5th Cir.1980) (en banc)).
In this case, there is definitely a “reasonable possibility” that Hart‘s statement contributed to his conviction. At Hart‘s trial, the prosecution introduced Hart‘s statement into evidence both through Schuster‘s testimony and by playing a tape recording of the statement for the jury. The prosecution also presented the testimony of a police expert to contradict the portion of Hart‘s statement in which he denied shooting the victims. The police expert testified that the physical evidence on the pillow retrieved from the crime scene indicated that all of the shots fired at Todd Klein were fired in rapid succession without removing the muzzle of the rifle from the pillow. This contradicted Hart‘s statement that he deliberately missed, and Leonard later fired the shots that killed Klein. The only evidence the prosecution presented to link Hart to the murders which was not related to Hart‘s statement was a fingerprint which was found on the outside of the door to Elite. The fingerprint only established that at some time Hart had touched the outside of the door to Elite; without Hart‘s statement, it was insufficient to establish his guilt. Aneschka Culmer, the only eyewitness, did not testify. Hart‘s four co-defendants also did not testify. In short, there
The introduction of Hart‘s statement likewise had a significant effect on the conduct of the defense. The admission of Hart‘s statement led his attorney to present a defense based on coercion and duress. He called a neuropsychologist to explain how Hart‘s background and psychological problems made it easy for Hart to be intimidated and controlled by Leonard. Hart also testified about his relationship with Leonard and explained his version of the events surrounding the murders. The fact that this testimony would have been unnecessary if the prosecution had not been allowed to present the unlawfully obtained statement is further evidence that the admission of the statement was not harmless error.
III.
For the foregoing reasons, we REVERSE the district court and GRANT Hart‘s petition for writ of habeas corpus.
SO ORDERED.
VINSON, District Judge, dissenting:
I respectfully dissent. My disagreement with the majority exists on three levels. First, factually, I do not agree with the majority that Schuster‘s statement to Hart that “honesty wouldn‘t hurt” constitutes a nullification of Hart‘s Miranda warning and waiver, considering, as we must, the totality of the circumstances. Second, as a matter of law, there is not clearly established law of the Supreme Court of the United States as to whether a post-waiver statement, such as the one at issue in this case, nullifies an earlier, correctly given Miranda warning and waiver. Third, the state court‘s application of the law, regardless of whether it may be considered as “clearly established,” was not contrary to, or an unreasonable application of, Supreme Court precedent.
I. Schuster‘s Statement Taken Properly in Context
In considering whether Hart‘s confession was coerced, we must evaluate the totality of the circumstances. Moran v. Burbine, 475 U.S. 412, 421, 106 S.Ct. 1135, 89 L.Ed.2d 410 (1986). There is little disagreement about the facts regarding what transpired in this case. The majority concedes that the police went to “great lengths” to apprise Hart of his Miranda rights. The officer carefully explained each of the rights to Hart, and Hart indicated both that he knew all about his rights from his prior case, in which Hart was represented by counsel, and that he understood each of the rights before agreeing to answer any questions. After explaining Hart‘s rights to him, detective Mauer told Hart to initial a place on the Miranda waiver form if he wished to talk to the police without an attorney present, which Hart did. The trial court found that Hart was alert, that he had slept six to seven hours the night before, and that he was able to understand what was explained to him. Hart then signed the waiver, witnessed by both Mauer and Sergeant Perez. After being asked about the homicide, Hart initially denied any knowledge (a lie). After being told that a witness had identified him, Hart requested that Schuster be called to the police station. Upon arrival, Schuster was informed by Mauer that Hart had already waived his Miranda rights. Hart‘s signed, written Miranda waiver form was on the table. Schuster testified that her purpose for interviewing
When considered in context and in light of the total circumstances, I believe it is reasonable to interpret Schuster‘s statement of “honesty wouldn‘t hurt” to mean that, knowing Hart had already waived his Miranda rights, and already willingly agreed to talk to the police, but had already lied to the police, then whatever he said should be truthful. The majority contorts its meaning from a recommendation not to lie into a trick to get Hart to talk about the homicide. Hart knew that he had been identified by an eye-witness to the crime. He had told Detective Mauer that he knew all of his Miranda rights from his prior arrests, but Mauer reviewed his rights again, in detail. Hart had willingly agreed to talk to the police without an attorney present before Schuster even arrived. Hart had already been told that he might face the death penalty if convicted as an adult. The signed Miranda waiver form was on the table in front of Hart throughout his entire conversation with Schuster. Hart had already been told that he was in “the biggest trouble possible“; it was evident that any further lies would only compound his “trouble.” Hart knew that he could request a lawyer at any time and that anything he told Schuster would be used against him.3 Hart understood an attorney‘s role in our criminal justice system because he had been represented by an attorney in his recent credit card theft case.4 Schuster‘s statement to the effect that “honesty wouldn‘t hurt him” did not compel Hart‘s incriminating statement because Hart had already agreed to talk to the police.5 Honesty is the cornerstone of
Once it is determined that a suspect‘s decision not to rely on his rights was uncoerced, that he at all times knew he could stand mute and request a lawyer, and that he was aware of the State‘s intention to use his statements to secure a conviction, the analysis is complete and the waiver is valid as a matter of law. Moran v. Burbine, 475 U.S. 412, 422-23, 106 S.Ct. 1135, 89 L.Ed.2d 410 (1986). The majority apparently believes that Hart took Schuster‘s statement literally and confessed because he truly believed he would not be prosecuted if he confessed, despite all of the information Hart had previously been given about the implications of confessing. There is no evidentiary support for that conclusion. All of the facts of this case point to a knowing, voluntary, and intelligent waiver of Hart‘s rights, supporting the rulings of the three prior courts which have reviewed the Miranda challenge in this case. Those courts did not feel that it was necessary to even address Schuster‘s statement to Hart that “honesty wouldn‘t hurt him” for the simple reason that it was apparently not raised as a distinct issue in the state courts.6 Because I conclude from the totality of the undisputed evidence in the record that Hart‘s statement was “uncoerced,” that he knew at all times that he could “stand mute and request a lawyer,” and that he understood the consequences of his confession, Hart‘s waiver of his Miranda rights was “valid as a matter of law.” Id. The state court‘s factual findings are presumed correct unless rebutted with “clear and convincing” evidence.
Factually, the state trial judge considered all of the evidence presented at the suppression hearing and concluded, after a lengthy analysis, “that Hart‘s statements were freely, voluntarily, and intelligently made.” The majority‘s conclusion that the state courts had not “analyzed whether Hart‘s colloquy with Schuster resulted in a waiver that was not voluntary, knowing, and intelligent” is obviously at odds with the record.
II. Clearly Established Federal Law
I also disagree with the majority that Supreme Court precedent is “clearly established” on this issue.
Only the holdings of the Supreme Court constitute clearly established federal law for the purposes of
What post-waiver statements amount to retroactive nullification of a prior valid Miranda waiver, if that is even possible, has not been clearly established by the Supreme Court. In fact, a suspect‘s uncoerced, fully informed decision not to assert his Miranda rights is a valid waiver as a matter of law, even when followed by some coercion in the interrogation process. Moran v. Burbine, supra, 475 U.S. at 422-23, 106 S.Ct. at 1141, 89 L.Ed.2d at 422. “[F]ull comprehension of the rights to remain silent and request an attorney [is] sufficient to dispel whatever coercion is inherent in the interrogation process.” Id. at 427, 106 S.Ct. at 1144, quoted in Davis v. United States, 512 U.S. 452, 460-61, 114 S.Ct. 2350, 129 L.Ed.2d 362 (1994). “A suspect who knowingly and voluntarily waives his right to counsel after having the right explained to him has indicated his willingness to deal with the police unassisted.” Davis, supra, 512 U.S. at 460-61, 114 S.Ct. 2350, 129 L.Ed.2d 362 (1994). “[A] careful and thorough administration of Miranda warnings [even] serves to cure the condition that rendered [a prior] unwarned statement inadmissible,” allowing a subse-
Even if one assumes, as the majority seems to do,9 that Schuster‘s statement was made while still in the Miranda waiver process, there is no “clearly established” Supreme Court decision that indicates such a statement constitutes nullification.10 See, e.g., Duckworth v. Eagan, 492 U.S. 195, 205, 109 S.Ct. 2875, 2881, 106 L.Ed.2d 166, 178 (1989) (holding that telling suspect he would be provided a lawyer if and when he went to court did not contravene Miranda); Moran v. Burbine, supra, 475 U.S. at 424, 106 S.Ct. at 1142, 89 L.Ed.2d at 422 (deliberate or reckless withholding of information from suspect in custodial interrogation is only relevant to constitutional validity of Miranda waiver if it deprives the suspect of knowledge “essential to his ability to understand the nature of his rights and the consequences of abandoning them.“). Failure to administer the Miranda warnings at all only raises a presumption of involuntariness. Elstad, supra, 470 U.S. at 310, 105 S.Ct. 1285, 84 L.Ed.2d 222; Miranda, supra, 384 U.S. at 457, 86 S.Ct. 1602, 16 L.Ed.2d 694. The majority cites no Supreme Court case where post-warning misrepresentations by police nullified a Miranda waiver. In fact, the Supreme Court has specifically declined to consider whether an affirmative misrepresentation by law enforcement would invalidate an otherwise valid waiver: “In this case, we are not confronted with an affirmative misrepresentation by law enforcement officials as to the scope of the interrogation
and do not reach the question whether a waiver of Miranda rights would be valid in such a circumstance.”11 Colorado v. Spring, 479 U.S. 564, 576 n. 8, 107 S.Ct. 851, 93 L.Ed.2d 954 (1987) (holding police officer‘s failure to inform suspect of all possible subjects of interrogation was not relevant to determining whether waiver was voluntary, knowing, and intelligent). Because Supreme Court precedent is not clearly established on the issue of whether or what post-waiver representations can nullify a prior valid Miranda waiver, granting the writ is prohibited by
III. The State Court‘s Decision was not Contrary to Supreme Court Precedent
I further disagree with the majority‘s conclusion that the trial court‘s decision was “contrary to” clearly established Supreme Court precedent. The Supreme Court of the United States has explained the framework of
In sum,
§ 2254(d)(1) places a new constraint on the power of a federal habeas court to grant a state prisoner‘s application for a writ of habeas corpus with respect to claims adjudicated on the merits in state court. Under§ 2254(d)(1) , the writ may issue only if one of the following two conditions is satisfied—the state-court adjudication resulted in a decision that (1) “was contrary to ... clearly estab-lished Federal law, as determined by the Supreme Court of the United States,” or (2) “involved an unreasonable application of ... clearly established Federal law, as determined by the Supreme Court of the United States.” Under the “contrary to” clause, a federal habeas court may grant the writ if the state court arrives at a conclusion opposite to that reached by this court on a question of law or if the state court decides a case differently than this Court has on a set of materially indistinguishable facts. Under the “unreasonable application” clause, a federal habeas court may grant the writ if the state court identifies the correct governing legal principle from this Court‘s decisions but unreasonably applies that principle to the facts of the prisoner‘s case.
529 U.S. at 412-13, 120 S.Ct. at 1523, 146 L.Ed.2d at 430 (O‘Connor, J., concurring, and writing for the majority of the Court as to Part II of the opinion which deals with this issue.)
Under the “contrary to” clause of
As long as the state court applies the “correct legal rule,” the federal courts cannot substitute their own judgment to reach a different result under the “contrary to” clause, as we have held:
Although a state court‘s decision that “applies a rule that contradicts” the governing Supreme Court precedent is “contrary,” a state court decision that applies “the correct legal rule” based on Supreme Court law to the facts of the petitioner‘s case would not fit within the “contrary to” clause even if the federal court might have reached a different result relying on the same law.
Fugate v. Head, 261 F.3d 1206, 1216 (11th Cir.2001) (internal citations omitted); see also Bell v. Cone, 535 U.S. 685, 122 S.Ct. 1843, 1852, 152 L.Ed.2d 914, 929 (2002) (because state court identified correct legal rule “we find no merit in respondent‘s contention that the state court‘s adjudication was contrary to our clearly established law.“)
The record reflects that the state court did identify and apply the correct governing legal rules.13 Where the Supreme
The majority concludes that the decisions of the state courts were contrary to Supreme Court precedent because “Neither court ... analyzed whether Hart‘s colloquy with Schuster resulted in a waiver that was not voluntary, knowing, and intelligent.”14 But the trial judge, who heard all of the evidence, including Schuster‘s testimony, specifically concluded, “This Court finds that Hart‘s statements were freely, voluntarily and intelligently made and his motion to suppress these statements is denied.” I fail to understand how the majority apparently believes that the trial court did not analyze and consider the totality of the circumstances in making this determination.15 The record plainly reflects that the trial court did, in fact, con-
The United States Supreme Court has held that the admissibility of a juvenile confession depends on the “totality of the circumstances” under which it was made. Gallegos v. Colorado, 370 U.S. 49, 82 S.Ct. 1209, 8 L.Ed.2d 325 (1962). The more immature the juvenile may be, the greater the likelihood exists that his confession will be deemed inadmissible. The fact that a juvenile‘s confession was given before he had the opportunity to talk with his parents or an attorney is certainly a factor militating against its admissibility. But, the existence of this fact does not preclude a finding of voluntariness depending upon all of the other circumstances surrounding the confession.
Doerr v. State, supra, 383 So.2d at 905-907 (quoting with approval Doerr v. State, 348 So.2d 938 (Fla. 2d DCA 1977)).
The trial court also cited State v. Paille, 601 So.2d 1321, 1324 (Fla. 2d DCA 1992), which noted: “The test of admissibility of a juvenile confession is the totality of the circumstances under which it was taken.” (emphasis added). It is clear that the trial court identified the correct governing legal rule—that the admissibility of a confession (“voluntary, knowing, and intelligent“) is to be evaluated based on the totality of the circumstances.
Further, the trial court made a number of findings in evaluating the circumstances surrounding Hart‘s confession.16 The trial court found that Hart was calm, alert, intelligent, knowledgeable about the criminal justice system, capable of understanding his rights, and that he had six to seven hours of sleep the night before the interrogation. Contrary to the majority‘s assumption, Hart understood (and told Mauer that he understood) his right to an attorney because he was represented by counsel in his recent credit card theft case. There is no evidence that the interrogation was excessively long. The police even ordered pizza for him to eat. “Any statement [by the suspect] given freely and voluntarily without any compelling influences is, of course, admissible in evidence.” Illinois v. Perkins, 496 U.S. 292, 297, 110 S.Ct. 2394, 110 L.Ed.2d 243 (1990)(quoting Miranda, supra, 384 U.S. at 478, 86 S.Ct. 1602, 16 L.Ed.2d 694).
According to the majority‘s version of the totality of the circumstances, Schuster‘s statement to Hart that “honesty wouldn‘t hurt him” and her opinion as to the pros and cons of getting a lawyer compelled Hart to involuntarily confess and made his waiver a product of her deception.17 Miranda‘s prophylactic purpose is to guard against coerced confessions obtained in violation of the Fifth Amendment rights, and the consequences of waiving those rights).
Schuster‘s conversation with Hart was not the type of coercive police activity that “threatened, tricked or cajoled” him into confessing. Miranda, supra, 384 U.S. at 476, 86 S.Ct. 1602, 16 L.Ed.2d 694. Schuster told Hart she could not make the decision whether to seek a lawyer for him. When Hart asked about the pros and cons, Schuster gave Hart her opinion, but Hart‘s inquiries do not mean that he failed to understand his right to counsel. He certainly understood that right because he had an attorney in another case. Nor does it mean that he was uncertain about whether his statements could be used against him. Instead, it is apparent that Hart was simply trying to figure out the best way to minimize the “big trouble” he was in. Schuster‘s discussion with Hart and her statement to Hart that “honesty wouldn‘t hurt him” was certainly not, in light of the totality of the circumstances, coercive to the point that it compelled Hart to confess against his will. The state court‘s decision was not “contrary to” any Supreme Court precedent, and granting of the writ is improper.
IV. The State Court‘s Decision was not Unreasonably Erroneous
Finally, I also want to address why the state court‘s decision was not unreasonable. See
In seeking to suppress his confession, Hart testified in the suppression hearing and argued to the state court that his confession was not freely and voluntarily given because it was obtained through police threats and direct or implied promises of leniency or benefits. The trial court concluded Hart‘s statements were freely, voluntarily, and intelligently given. As discussed earlier, this was predominantly a factual conclusion, within the Miranda legal framework as properly identified by the trial judge. For the same reasons that I conclude the state court‘s decision was not “contrary to” clearly established Supreme Court precedent, I also conclude the state court‘s denial of suppression was neither an “unreasonable application” of the law nor an “unreasonable determination” of the facts. The state court identified the governing legal rule, considered the totality of the factual circumstances, and correctly applied that rule to the facts of this case. We are prohibited by
Because neither the majority nor I can identify clearly established Supreme Court precedent which would mandate nullification of Hart‘s Miranda warning and waiver, we are left without an external basis, other than our own subjective opinion, for evaluating the state court‘s decision. Taking Schuster‘s statement properly in factual context, I conclude that the trial court correctly evaluated the facts before it, but even if it did not, the trial court‘s decision definitely was not an objectively “unreasonable” determination of the facts. Nor was the trial court‘s ruling “contrary to, or an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” I believe that we are required by