# Holmes v. State

> Court of Criminal Appeals of Alabama · January 17, 1992 · 598 So. 2d 24

URL: https://www.frixlaw.com/law-library/cases/9931974

## Case

- **Full name:** Franklin Lavon Holmes v. State.
- **Court:** Court of Criminal Appeals of Alabama
- **Decided:** January 17, 1992
- **Citations:** 598 So. 2d 24; 1992 WL 21018
- **Precedential status:** Published
- **Opinion:** Dissent by Montiel
- **Judges:** Montiel, Patterson
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9931974

## Opinion text

I disagree with the majority's interpretation of the comments made by Officer Godwin and, thus, find that the appellant's confession was voluntary. "A promise is not the same thing as a prediction about future events beyond the parties' control or regarded as inevitable." Hawkins v. Lynaugh , 844 F.2d 1132 , 1139 (5th Cir.), cert. denied , 488 U.S. 900 , 109 S.Ct. 247 , 102 L.Ed.2d 236 (1988). A police officer's promise, made during an interrogation, concerning a suspect's cooperation does not render the suspect's subsequent statement involuntary, "even when it is accompanied by a promise to recommend leniency or by speculation that cooperation will have a positive effect." United States v. Guerrero , 847 F.2d 1363 , 1366 (9th Cir. 1988) (emphasis supplied). A police officer is not the suspect's fiduciary. United States v. Rutledge , 900 F.2d 1127 (7th Cir. 1990), cert. denied , ___ U.S. ___, 111 S.Ct. 203 , 112 L.Ed.2d 164 (1990). "The police are allowed to play on a suspect's ignorance, his fears, and his uncertainties; they are just not allowed to magnify those fears, uncertainties, and so forth to the point where rational decision becomes impossible." Id. at 1130.
The determination of the voluntariness of a confession rests within the discretion of the trial court. Hutchinson v. State , 516 So.2d 889 (Ala.Crim.App.), cert. denied , 516 So.2d 889
(Ala. 1987). The trial court need only be convinced that the confession was voluntary by a preponderance of the evidence. Manigan v. State , 402 So.2d 1063 (Ala.Crim.App. 1981). This court should not reverse the trial court's determination unless it is contrary to the great weight of the evidence. Hammins v. State , 439 So.2d 809 (Ala.Crim.App. 1983). A consideration of the circumstances surrounding the confession, including the appellant's age and educational level, leads me to the conclusion that the appellant's confession was the product of a rational and voluntary decision.
Based on the foregoing, I agree with the trial judge and dissent from the majority's suppression of the appellant's confession. *Page 29

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9931974. Public record. Not legal advice.