Opinion · Supreme Court of the United States
Boulden v. Holman
22 L. Ed. 2d 433
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1969-04-02
- Topic
- general
finding confession voluntary after making "an independent study of the entire record" | finding confession voluntary after making “an independent study of the entire record” | issue on challenge for cause is not existence of fixed opinion against capital punishment but ability to follow instructions conscientiously and give fair consideration to choice of penalty | COURT: “Do you have a fixed opinion against capital punishment?” | COURT: "Do you have a fixed opinion against capital punishment?"
Citator
- Cited by
- 219 opinions
delivered the opinion of the Court.
The petitioner was convicted in the Circuit Court of Morgan County, Alabama, of first-degree murder, and
I.
Although there was substantial additional evidence of the petitioner’s guilt, his conviction was based in part on a confession he had made some days after his arrest. His request for habeas corpus relief rested on a claim that the introduction of that confession into evidence violated his rights under the Constitution.1 Since his
After holding a full hearing regarding the issue and considering the state court record, the District Court, in an opinion applying the proper constitutional standards, was unable to conclude that the petitioner’s confession was “other than voluntarily made.” The confession, the court found, “simply was not coerced.” 257 F. Supp., at 1017, 1016. The Court of Appeals, likewise applying appropriate standards, similarly could “find from the record here no plausible suggestion that Boulden’s will was overborne . . . .” 385 F. 2d, at 107.2
Little purpose would be served by an extensive summation of the record in the District Court proceedings and in the state trial court. The question whether a confession was voluntarily made necessarily turns on the “totality of the circumstances”3 in any particular case, and most of the relevant circumstances surrounding the petitioner’s confession are set out in the opinions of the District Court and the Court of Appeals. Suffice it to say that we have made an independent study of the entire record4 and have determined that, although the
II.
In seeking habeas corpus the petitioner challenged only the admission of his confession into evidence, and his petition for certiorari was limited to that claim. In his brief and in oral argument on the merits, however, he has raised a substantial additional question: whether the jury that sentenced him to death was selected in accordance with the principles underlying our decision last Term in Witherspoon v. Illinois, 391 U. S. 510.
We held in Witherspoon that “a sentence of death cannot be carried out if the jury that imposed or recommended it was chosen by excluding veniremen for cause simply because they voiced general objections to the death penalty or expressed conscientious or religious scruples against its infliction.” 391 U. S., at 522. In the present case, the record indicates that no less than 15 prospective jurors were excluded by the prosecution under an Alabama statute that provides:
“On the trial for any offense which may be punished capitally, ... it is a good cause of challenge by the state that the person has a fixed opinion against capital . . . punishmen[t] . 5
That statutory standard has been construed by the Alabama Supreme Court to authorize the exclusion of potential jurors who, although “opposed to capital punishment, . .. would hang some men.” Untreinor v. State, 146 Ala. 26, 33, 41 So. 285, 287.
However, as we emphasized in Witherspoon, “The critical question ... is not how the phrases employed in this area have been construed by courts and commen
It appears that at the petitioner’s trial two prospective jurors were excluded only after they had acknowledged that they would “never” be willing to impose the death penalty.6 Eleven veniremen, however, appear to have been excused for cause simply on the basis of their affirm
“THE COURT: Do you have a fixed opinion against capital punishment?
“MR. SEIBERT: Yes, sir.
“MR. HUNDLEY: We challenge.
“THE COURT: Defendant?
“MR. CHENAULT: No questions.
“THE COURT: Stand aside. You are excused.”
Two other veniremen seem to have been excluded merely by virtue of their statements that they did not “believe in” capital punishment.7 Yet it is entirely possible that
It appears, therefore, that the sentence of death imposed upon the petitioner cannot constitutionally stand under Witherspoon v. Illinois. We do not, however, finally decide that question here, for several reasons. First, the Witherspoon issue was not raised in the District Court, in the Court of Appeals,8 or in the petition for certiorari filed in this Court. A further hearing directed to the issue might conceivably modify in some fashion the conclusion so strongly suggested by the record now before us. Further, it is not clear whether the petitioner has exhausted his state remedies with respect to this issue. Finally, in the event it turns out, as now appears, that relief from this death sentence must be ordered, a local federal court will be far better equipped than are we to frame an appropriate decree with due regard to available Alabama procedures.
Accordingly, the judgment of the Court of Appeals is vacated, and the case is remanded to the District Court,
It is so ordered.
Mr. Justice Black, while still adhering to his dissent in Witherspoon v. Illinois, 391 U. S. 510, 532, acquiesces in the Court’s judgment and opinion. Mr. Justice Fortas took no part in the consideration or decision of this case.Two confessions were in fact obtained, although only the second was actually introduced into evidence. Both the District Court and the Court of Appeals properly noted that the second confession might have been the “end product of the earlier” one, in that “the accused [may have been] acutely aware that he had earlier made admissions against his interest and was, therefore, merely repeating his ostensibly uneraseable [sic] words of confession.” 385 F. 2d, at 106. See Darwin v. Connecticut, 391 U. S. 346; Beecher v. Alabama, 389 U. S. 35; cf. United States v. Bayer, 331 U. S. 532, 540. Consequently, in order to determine whether the second confession was properly admitted, they passed upon the voluntariness of the first as well as the second confession. We have considered the record in like fashion.
There is evidence that even before his two formal confessions were obtained, the petitioner had, shortly after his arrest, admitted killing the deceased. The evidence was controverted, both as to whether the petitioner made any such admission and as to whether, if he did, the admission was voluntary. It is suggested in dissent that because the opinions of the District Court and the Court of Appeals do not explicitly refer to that evidence, it must be assumed that those courts did not consider it, and that the conclusions they reached should therefore not be sustained. We cannot agree. The
In affirming the petitioner’s conviction, the Alabama Supreme Court had reached a like conclusion. 278 Ala., at 446-452, 179 So. 2d, at 28-34.
Fikes v. Alabama, 352 U. S. 191, 197.
See Spano v. New York, 360 U. S. 315, 316.
Ala. Code, Tit. 30, § 57.
“THE COURT: . . . Do you have a fixed opinion against capital or penitentiary punishment?
“JOHN L. NELSON raised his hand.
“MR. HUNDLEY: Challenge.
“THE COURT: Do you have a fixed opinion against capital or penitentiary punishment?
“MR. NELSON: Capital punishment.
“THE COURT: You think you would never be willing to inflict the death penalty in any type case ?
“MR. NELSON: Yes, sir.
“MR. HUNDLEY: We challenge.
“THE COURT: Defendant?
“MR. CHENAULT: No questions.
“THE COURT: Stand aside, Mr. Nelson.
“E. 0. MOON raised his hand.
“MR. MOON: Capital punishment.
“THE COURT: You mean you would never inflict the death penalty on [sic] any case?
“MR. MOON: That’s right.
“MR. HUNDLEY: Challenge.
“THE COURT: Defendant?
“MR. CHENAULT: No questions.
“THE COURT: Stand aside, Mr. Moon.”
“THE COURT: What is your position on capital punishment or penitentiary punishment?
“MR. COLLIER: I don’t believe in capital punishment.
“THE COURT: State?
“MR. HUNDLEY: Challenge.
“THE COURT: Any questions, Mr. Chenault?
“MR. CHENAULT: No questions.
“THE COURT: You are excused. . . .
“MR. PATTON: . . . and I don’t believe in capital punishment.
“MR. HUNDLEY: I’ll challenge Mr. Patton on that answer, on the ground he doesn’t believe in capital punishment.
“THE COURT: Any questions by the defendant?
“MR. CHENAULT: No questions.
“THE COURT: We . . . will let you stand aside.”
As the initial portion of this colloquy and that set out in foot
The Court of Appeals’ decision was rendered prior to our decision in Witherspoon.