Petition for writ of certiorari to the United States Court of
Appeals for the Fourth Circuit.
Denied.
Justice MARSHALL, with whom Justice BRENNAN joins,
dissenting.
"[O]urs is an accusatorial and not an
inquisitorial system-a system in which the State must establish
guilt by evidence independently and freely secured and may not by
coercion prove its charge against an accused out of his own mouth."
Rogers v. Richmond,
365 U.S.
534, 541, 739 (1961). Because the court below failed to examine
fully whether petitioner's confession was obtained by inquisitorial
means condemned by the Due Process Clause, I would grant certiorari
in this case to clarify the nature of the voluntariness inquiry. [
Degraffenreid v. McKellar
494
U.S. 1071 (1990) ][1071-Continued.]
In 1973, Claude Killian was murdered. Police questioned
petitioner Ray Charles Degraffenreid shortly after the murder, but
he was not then charged. In 1977, Degraffenreid was arrested for
Killian's murder while incarcerated in state prison on an unrelated
conviction. Five days later, he confessed to law enforcement
officials. At Degraffenreid's first trial, the state court granted
his motion to suppress his confession as involuntary, and the jury
was unable to reach a verdict. At Degraffenreid's retrial, a
different judge admitted the confession. Degraffenreid was
convicted of murder and sentenced to life imprisonment. His
conviction was affirmed on appeal by the South Carolina Supreme
Court. Degraffenreid then sought state postconviction relief, which
was likewise denied.
In this federal habeas petition, petitioner renews his challenge
to the admission of his confession. The District Court referred the
petition to a Magistrate for findings of fact and recommendations.
After conducting an evidentiary hearing, the Magistrate found that
the State had failed to prove that the confession was voluntary.
The District Court refused to adopt the Magistrate's recommendation
on the ground that the Magistrate incorrectly allocated to the
State the burden of proof regarding voluntariness. A divided panel
of the Court of Appeals for the Fourth Circuit affirmed,
883 F.2d
68 (1989), and the full court denied rehearing en banc by a
vote of 6 to 5.
Page 494 U.S.
1071 , 1072
The record in this case is replete with factual findings by
various state and federal judges. The Magistrate's findings, which
set forth the essential and undisputed facts, are as follows:
"[P]etitioner was held incommunicado
for three (3) to five (5) days in solitary confinement. He had no
exercise, no visitors, no telephone calls. He ate, slept, bathed,
and existed within this one cell. There were no magazines, radios,
television, books or other diversions. The only window was an
observation window in the cell door which when open revealed the
hall and the door to the sheriff's office. The only time the
petitioner was taken out of this reportedly cold cell was for
questioning.
"The only safeguard taken to protect the petitioner's rights was
the giving of Miranda warnings. Despite the presence of judicial
officers on the grounds of the facility and procedures for
transporting prisoners to other court officials, the petitioner was
not taken before a judicial officer, was not appointed an attorney
and was not given any conditions of release until after he
confessed ." App. to Pet. for Cert. A-45.
It is also uncontested that prison officials placed a notice on
the wall of the prison facility indicating that petitioner was to
have no visitors or phone calls. From these facts the Magistrate
concluded that " despite the advice of rights, the only way the
petitioner was going to be released from solitary confinement and
allowed contact with third parties was to give a confession." Id.,
at A-47.
The Court of Appeals did not reject this account of the facts
and indeed noted that "[t]he delay in taking Degraffenreid before a
judicial officer should not be sanctioned as ideal procedure." Id.,
at A-9. The court nonetheless ruled that Degraffenreid failed to
establish "that the circumstances surrounding the confession were
sufficiently egregious to cause Degraffenreid's will to be
overborne." Ibid.
In Miller v. Fenton,
474 U.S. 104 ( 1985), we
held that "the ultimate question of the admissibility of a
confession merits treatment as a legal inquiry requiring plenary
federal review." Id., at 115. We identified two distinct questions
that courts must ask in determining "voluntariness": "whether the
techniques for extracting the statements, as applied to this
suspect, are compatible with a system that presumes innocence and
assures that a conviction will not be secured by inquisitorial
means [and] whether the-
Page 494 U.S.
1071 , 1073
defend ant's will was in fact overborne." Id., at 116- 453
(citing Gallegos v. Colorado,
370 U.S.
49, 51, 1211 (1962)). These two inquiries safeguard two
fundamental societal interests. The first inquiry ensures that
inquisitorial means do not infect the criminal process. See
Gallegos, supra, at 51. It is premised on our abiding belief "that
the forfeiture of the lives, liberties or property of people
accused of crime can only follow if procedural safeguards of due
process have been obeyed." Chambers v. Florida,
309 U.S.
227, 237, 477 (1940); see also Miller, supra, 474 U.S., at 109
("This Court has long held that certain interrogation techniques,
either in isolation or as applied to the unique characteristics of
a particular suspect, are so offensive to a civilized system of
justice that they must be condemned under the Due Process Clause of
the Fourteenth Amendment"). The second inquiry, by focusing on
whether a defendant's will was in fact overborne, safeguards the
Fifth Amendment right to be free from compelled self-
incrimination. See Gallegos, supra, 370 U.S., at 51.
In this case, the Court of Appeals focused solely on the second
inquiry and failed to decide whether, as a matter of due process,
the police efforts in this case were impermissibly inquisitorial.
This analysis is essential because some police techniques, whether
or not they actually overbear a defendant's will, are repugnant to
our adversarial system and cannot lay the foundation for a criminal
conviction. Brown v. Mississippi,
297 U.S.
278, 286, 465 (1936) (" The due process clause requires 'that
state action . . . shall be consistent with the fundamental
principles of liberty and justice which lie at the base of all our
civil and political institutions' ") (quoting Hebert v. Louisiana,
272 U.S.
312, 316, 104 ( 1926)); Rogers, 365 U.S., at 540-541 (the Due
Process Clause requires suppression of confessions improperly
obtained "not because such confessions are unlikely to be true but
because the methods used to extract them offend an underlying
principle in the enforcement of our criminal law"). Here, law
enforcement officials isolated petitioner from the outside world
and made unmistakably clear that his incommunicado detention would
end only with his confession. Cf. Haynes v. Washington,
373 U.S.
503, 514, 1343-1344 (1963) ("We cannot blind ourselves to what
experience unmistakably teaches: that even apart from the express
threat, the basic techniques present here-the secret and
incommunicado detention and interrogation-are devices adapted and
used to extort confessions from suspects"). Such techniques
arguably do not conform "to the fundamental
Page 494 U.S.
1071 , 1074
standards" of our criminal justice system. Chambers, supra, 309
U.S., at 238. Because the Court of Appeals did not consider that
possibility, I would grant certiorari in this case to clarify the
dual nature of our voluntariness inquiry.
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