State v. Hegelman, 717 P.2d 1348 (Utah 1986). · Go Syfert
State v. Hegelman, 717 P.2d 1348 (Utah 1986). Cases Citing This Book View Copy Cite
33 citation events (1 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Cited for
At page 1350 Determining voluntariness of confessions by totality of circumstances10 citing cases“evidence sufficient to support a finding that a confession is involuntary must reveal some physical or psychological force or manipulation that is designed to induce the accused to talk when he otherwise would not have done so.”3 citing courts quote it
  • State v. Piansiaksone, 954 P.2d 861 (Utah 1998).published 2 cites
    (Evidence sufficient to support a finding that a confession is involuntary must reveal some physical or psychological force or manipulation that is designed to induce the ac cused to talk when he otherwise would not hav…)
  • State v. Singer, 815 P.2d 1303 (Utah Ct. App. 1991).published
    (Evidence sufficient to support a finding that a confession is involuntary must reveal some physical or psychological force or manipulation that is designed to induce the accused to talk when he otherwise would not have…)
  • State v. Bunting, 2002 UT App 195, 51 P.3d 37.published
    In assessing such a challenge, a trial court “must examine the ‘totality of circumstances to determine whether’ ” a statement was “ ‘ “made freely, voluntarily and without compulsion or inducement of any sort.” ’ ” Id. at ¶14, 984 P.2d 100…
  • State v. Rettenberger, 1999 UT 80, 984 P.2d 1009.published 2 cites
    “Evidence sufficient to support a finding that a confession is involuntary must reveal some physical or psychological force or manipulation that is designed to induce the accused to talk when he otherwise would not have done so.” State v.…
  • State v. Galli, 967 P.2d 930 (Utah 1998).published 2 cites
    Moreover, “[e]vidence sufficient to support a finding that a confession is involuntary must reveal some physical or psychological force or manipulation that is designed to induce the accused to talk when he otherwise would not have done so…
  • State v. Harmon, 910 P.2d 1196 (Utah 1995).published 2 cites
    See Thurman, 846 P.2d at 1272-73 ; State v. Bishop, 753 P.2d 439, 464 (Utah 1988); State v. Hegelman, 717 P.2d 1348, 1350 (Utah 1986).
  • State v. Wood, 868 P.2d 70 (Utah 1993).published 2 cites
    State v. Bruce, 779 P.2d 646, 649 (Utah 1989); State v. Hegelman, 717 P.2d 1348, 1350 (Utah 1986).
  • State v. Mabe, 864 P.2d 890 (Utah 1993).published
    Id.; State v. Hegelman, 717 P.2d 1348, 1350 (Utah 1986); see also Colorado v. Connelly, 479 U.S. 157, 164 , 107 S.Ct. 515, 520 , 93 L.Ed.2d 473 (1986) (“Absent police conduct causally related to the confession, there is simply no basis for…
  • State v. Griffin, 754 P.2d 965 (Utah Ct. App. 1988).published
    In order to rebut the presumption of volun-tariness, defendant must present sufficient *970 evidence to “reveal some physical or psychological force or manipulation ... designed to induce [him] to talk when he otherwise would not have done…
  • State v. Bishop, 753 P.2d 439 (Utah 1988).published 4 cites
    ([P]hysical or psychological force or manipulation that is designed to induce the accused to talk when he otherwise would not have done so" is evidence of an involuntary confession.)
At page 1349 seventeen years and nine and one-half months old7 citing cases1 citing court put it this way
  • State v. Bybee, 2000 UT 43, 1 P.3d 1087.published
    (seventeen years and nine and one-half months old)
  • State v. Leyva, 951 P.2d 738 (Utah 1997).published
    We reaffirm today that a waiver of a suspect’s rights “may be inferred from his acknowledgment of his understanding of his rights and his subsequent course of conduct.” State v. Hegelman, 717 P.2d 1348, 1349 (Utah 1986) (citing North Carol…
  • State v. Streeter, 900 P.2d 1097 (Utah Ct. App. 1995).published 2 cites
    (holding confession voluntary although officer physically scuffled with defendant, calling him “a rapist)
  • State v. Hilfiker, 868 P.2d 826 (Utah Ct. App. 1994).published
    State v. Hegelman, 717 P.2d 1348, 1349 (Utah 1986).
  • State v. Brooks, 833 P.2d 362 (Utah Ct. App. 1992).published
    State v. Hegelman, 717 P.2d 1348, 1349 (Utah 1986).
  • State v. Ramirez, 817 P.2d 774 (Utah 1991).published
    (waiver of Miranda rights)
  • State v. Dutchie, 969 P.2d 422 (Utah 1998).published
    See State v. Hegelman, 717 P.2d 1348, 1349 (Utah 1986); State v. Hunt, 607 P.2d 297, 300 (Utah 1980); Fare v. Michael C., 442 U.S. 707, 725 , 99 S.Ct. 2560 , 61 L.Ed.2d 197 (1979).
Retrieving the full opinion text from the archive…
The STATE of Utah, Plaintiff and Respondent,
v.
Robert Lee HEGELMAN, Defendant and Appellant
20234.
Utah Supreme Court.
Apr 25, 1986.
Published opinion
717 P.2d 1348
1986 Utah LEXIS 790
David S. Biggs, Salt Lake City, for defendant and appellant., David L. Wilkinson, Atty. Gen., Sandra L. Sjogren, Salt Lake City, for plaintiff and respondent.
Howe, Hall, Durham, Zimmerman, Stewart.
Cited by 25 opinions  |  Published
HOWE, Justice:

Defendant Robert Lee Hegelman appeals from his nonjury convictions of aggravated burglary, a first degree felony, in violation of U.C.A., 1953, § 76-6-203, and two counts of aggravated sexual assault, a first[*1349] degree felony, in violation of section 76-5-405. He assails the trial court’s admission of his confession into evidence.

An intruder broke into the victim’s house, raped and sodomized her, and took money from her purse and a drawer before fleeing. Becausé of a distinguishing tattoo on his hand and his crooked teeth, the victim was able to identify her assailant as a juvenile who lived in the neighborhood and who had helped her husband paint the house two weeks earlier. Two days after the burglary and assault, Officer Edwards, armed with a court order to obtain defendant’s fingerprints, apprehended defendant and took him to the police station. While at the police station, defendant made incriminating statements to another police officer.

Defendant was certified to be tried as an adult. At trial, he objected to the admission of the incriminating statements, claiming that he had not waived his Miranda rights and that the statements were a product of physical coercion. The trial judge took evidence on the issue and ruled that the statements were admissible. We present the facts on that issue in the light most favorable to that ruling.

After defendant’s fingerprints were taken and after Officer Edwards learned that they matched those taken at the victim’s home, Edwards informed defendant of his Miranda rights. Edwards asked him if he understood his rights. When defendant replied that he understood them, Edwards told him that he was under arrest for the “assault and robbery” at the victim’s home. Defendant arrogantly erupted with vulgar and abusive language that angered Edwards. Edwards stood up from his desk, grabbed defendant, who was standing near the desk, by the lapels, moved him sideways against a nearby filing cabinet, and called him a rapist. Officer Scott, who was at another desk, intervened and took defendant into another room. Once inside the other room, Scott told defendant that they had evidence to prove his guilt and that it would be to his advantage to be honest and to discuss what had happened.

Defendant was silent for a moment, broke down and cried for a minute, composed himself, and then confessed to the crimes.

Defendant contends that because neither Edwards nor Scott asked him if he waived his Miranda rights, he did not effectively waive them. Not so. A suspect must affirmatively invoke his right to silence, United States v. Rice, 652 F.2d 521 (5th Cir.1981); Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and a waiver of those rights may be inferred from his acknowledgement of his understanding of his rights and his subsequent course of conduct. North Carolina v. Butler, 441 U.S. 369, 99 S.Ct. 1755, 60 L.Ed.2d 286 (1979). It is not required that the waiver be express. We look at the totality of the circumstances to determine if a suspect has made a valid waiver, even in cases such as this where the suspect is a juvenile. Fare v. Michael C., 442 U.S. 707, 99 S.Ct. 2560, 61 L.Ed.2d 197 (1979); State v. Hunt, Utah, 607 P.2d 297 (1980). We will reverse the trial court’s finding of a valid waiver only if that finding is clearly in error or the court has abused its discretion. State v. Meinhart, Utah, 617 P.2d 355 (1980). Although defendant was a juvenile at the time of his confession, he was only two and one-half months short of his eighteenth birthday. He had been involved in the juvenile court system for five years, during which time he had spoken to police officers, probation officers, and judges on numerous occasions. Gf. State v. Hunt, 607 P.2d at 301 (court found waiver by juvenile with similar history). He demonstrated no signs of fear either before or after the altercation with Officer Edwards. It was only after defendant was taken into a different room and Officer Scott told him of the evidence against him that he started making incriminating statements. We hold that the court’s finding that defendant had waived his Miranda rights is supported by competent evidence.

Defendant also contends that since his confession followed the scuffle with Officer Edwards, the confession is rendered involuntary and his conviction[*1350] must be reversed. That result does not necessarily follow. Again, we look at the totality of the circumstances to determine if a confession is voluntary. Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973); State v. Moore, Utah, 697 P.2d 233 (1985). Evidence sufficient to support a finding that a confession is involuntary must reveal some physical or psychological force or manipulation that is designed to induce the accused to talk when he otherwise would not have done so. Moore, at 237. Edwards’ action was clearly improper; however, he was not attempting to coerce a confession when he grabbed defendant and called him a rapist. Rather, Edwards’ action was the product of anger caused by defendant’s vulgar and abusive language. His action was not predesigned as a method to obtain a confession, but was only a spontaneous reaction. Defendant exhibited no fear after the incident, which is some indication that Edwards’ action had no effect on his will. Defendant was aware that Edwards’ action was a result of his vulgar name-calling. The confession came only after defendant had been removed to another ■ room with a different officer, who exhibited no hostility toward him, but who appealed to his reason. There is nothing to suggest that defendant feared that Scott would do him harm if he did not give a confession. At the hearing on defendant’s motion to suppress his confession, defendant in his testimony made no claim that he confessed because of any fear or coercion. Instead, he asserted that he confessed because Officer Scott promised him that if he did so, he would not be charged with rape, but only with aggravated burglary, and he would be committed to a juvenile facility. However, defendant now raises no objection to the confession on this ground.

Viewing the totality of the circumstances in the light most favorable to the trial court’s ruling, we hold that the court committed no error in admitting the confession into evidence.

Affirmed.

HALL, C.J., and DURHAM and ZIMMERMAN, JJ., concur. STEWART, J., concurs in the result.