Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. No. 86 C 586 - Allen Sharp, Judge.
Cudahy, Flaum, and Manion, Circuit Judges.
James A. Smith appeals from the district court's denial of his petition for a writ of habeas corpus. We remand to the district court for an evidentiary hearing on the issue of the voluntariness of Smith's confession.
On July 28, 1973, a liquor store in Hammond, Indiana was robbed and its owner, Steve Gabor, was fatally shot. The crime remained unsolved for over a year until September 17, 1974, when Smith voluntarily visited the Hammond police station. Apparently, Smith's initial intent was to admit his participation in several area burglaries. Shortly after he arrived at the station, however, Smith began to discuss the liquor store robbery. Because Smith knew a number of facts, including the caliber of the gun used in the offense, the police incarcerated Smith as a material witness. He remained in jail with no charges lodged against him, until one month later when he confessed to his participation in the shooting.*fn1
Smith gave the police a second statement on September 21, 1974. In his first two statements, Smith implicated several area gang members in the commission of the crime. The police continued to detain him until finally, on October 17, 1974, Smith gave a third statement identifying himself as the assailant.*fn2 In his confession, Smith described the burglary scene in some detail, and explained that he had used shoe polish, soot mixed with water, and an "afro-style" wig to disguise himself as a black man. Smith was then charged with both murder, and murder during the commission of a robbery.
In November 1974, an Indiana state court determined that Smith was incompetent to stand trial.*fn3 As a result, Smith was committed to the Indiana Department of Mental Health where he remained until he was found competent on March 20, 1980.
Before trial, the defendant moved to suppress his confession. Two of the doctors who had examined Smith in November 1974 testified at the suppression hearing. A psychiatrist, Dr. Frank Hogle, testified that it was highly probable that Smith was insane on October 17, 1974, the date on which Smith gave his confession. Dr. Hogle acknowledged, however, that Smith might have had periods of lucidity. Dr. Peter Gutierrez, a physician, stated that in his opinion, Smith was grossly psychotic on the date he examined Smith, November 24, 1974. Dr. Gutierrez would not speculate as to Smith's mental condition prior to that date. However, based on his reading of Smith's confession, Dr. Gutierrez believed that Smith probably would have been able to sufficiently appreciate his Miranda rights to waive them.
Smith also testified at the hearing. He admitted being aware of his actions when he signed the Miranda waiver forms before making the October 17 statement. He contended, however, that the police had coerced his confession by threatening to transfer him to the cell block which housed the gang members whom Smith had implicated in his earlier statements. One of the police detectives who had conducted Smith's interrogation denied this accusation. Without making any explicit findings, the court ruled that Smith's confession was admissible.
At trial, Smith's confession was introduced into evidence over the defendant's renewed objection. In addition, at the jury's request, the court provided the statement to the jury during deliberations.*fn4 On January 8, 1981, the jury convicted Smith of one count of murder and one count of murder during the commission of a robbery. The judge sentenced Smith to life imprisonment.
Smith appealed his conviction to the Indiana Supreme Court, raising two errors. He contested the admission of his October 17 confession into evidence as well as the submission of the exhibit to the jury during deliberations.*fn5 The state court rejected these arguments and affirmed Smith's conviction. Smith v. State, 437 N.E.2d 975 (Ind. 1982). Having exhausted his state remedies, Smith filed a pro se habeas corpus petition pursuant to 28 U.S.C. § 2254.*fn6 The district court denied his petition on August 27, 1987. This timely appeal followed.
Smith raises two issues on appeal. First, he argues that in light of the evidence regarding his mental capacity, the waiver of his Miranda rights was involuntary. Second, Smith challenges the admission of his confession which he claims was involuntary. The question of the voluntariness of a waiver of Miranda rights is separate and differs from the determination of the voluntariness of a confession. Bryan v. Warden, Indiana State Reformatory, 820 F.2d 217, 220 (7th Cir.), cert. denied, 484 U.S. 867, 108 S. Ct. 190, 98 L. Ed. 2d 142 (1987). Once it is clear that a defendant has made a knowing and voluntary waiver of his or her Miranda rights, the issue then becomes whether the confession itself ...