LOCATION: The D&B Corporation
DOCKET NO.: 81-2149
DECIDED BY: Burger Court (1981-1986)
LOWER COURT: United States Court of Appeals for the Eighth Circuit
CITATION: 465 US 638 (1984)
ARGUED: Nov 28, 1983
DECIDED: Feb 29, 1984
Mark V. Meierhenry - on behalf of the Petitioner
Timothy J. Mc Greevy - on behalf of the Respondent
Facts of the case
Media for Solem v. Stumes
Audio Transcription for Oral Argument - November 28, 1983 in Solem v. Stumes
Warren E. Burger:
We'll hear arugments next in Solem against Stumes.
Mr. Attorney General.
Mark V. Meierhenry:
Mr. Chief Justice, and may it please the Court:
This case comes to the Court from the Eighth Circuit Court of Appeals.
The Eighth Circuit Court of Appeals, under the case of Edward versus Arizona, in a case collaterally attacking the conviction of Mr. Stumes, reversed the District Court.
The question presented to this Court is whether Edward versus Arizona will be applied retroactively to the case of Mr. Stumes when that attack was made by a habeas corpus relief.
The facts essentially on this case is in 1973 Norman Stumes killed a young lady in Sioux Falls, South Dakota.
This occurred on September 17, 1973.
Ten days later he was arrested in Green Bay, Wisconsin, on other charges that had been pending, not on what were originally filed as murder charges, but on perjury charges and other charges at that time.
During the time that the authorities were seeking him for questioning concerning the death of Miss Hoff, his mother hired an attorney for him.
And, his attorney had a conversation with the law enforcement officers in Sioux Falls, South Dakota, and that lawyer advised the law enforcement officers that if he got a hold of Mr. Stumes first, he would tell him to turn himself in for questioning.
On the other hand, if the authorities found him first and arrested him first, that they would not question him until the attorney, Mr. Jorgensen, was notified, and that was done.
Mr. Jorgensen was notified some time on the 27th of October 1973... or the 27th of September 1973 that Mr. Stumes had been arrested over in Green Bay.
Mr. Jorgensen then, either on the 28th or the 29th of September in 1973, called Norman Stumes and told him not to talk to anybody until he was brought back to South Dakota, to exercise his right to speak with no one.
Upon being arrested by the Green Bay authorities, he was given his Miranda rights which were required in 1973 and he made no statements at that time.
Later on two police officers, as well as a deputy sheriff from South Dakota, went to Green Bay to transport him back and they arrived there on October 1st.
They met with Mr. Stumes in Wisconsin, Brown County, Wisconsin jail at which time Mr. Stumes gave them voluntary permission to search where he had been arrested, the place where he had been arrested and his automobile.
He was also given Miranda warnings at that time by the South Dakota authorities and a conversation ensued for about an hour and 45 minutes of which nothing incriminating came out of that.
Later that afternoon there was another conversation between the Defendant and the authorities.
He was not given his Miranda rights.
The record is clear.
And, the only, as found by the District Court, the only true incriminating thing is that he admitted that he had intercourse with the dead girl on the day in question and he also, in answer to a question posed to him, was this death accidental, he answered that it was.
Of course, he was going to be brought back to South Dakota on these other charges, not the murder charges, and so on October 2nd, they proceeded to get an in automobile and drive the 500 miles from Green Bay, Wisconsin, back to Sioux Falls, South Dakota.
When they got in the car, he was once again given his Miranda warnings.
And, a conversation about the case, about the murder part of the case, took place for 20 or 30 minutes.
They left about 9:00 in the morning from Green Bay, drove in a westerly direction towards Sioux Falls, South Dakota, arrived back in Sioux Falls, South Dakota about 6:45 in the evening.
But, about 90 miles from Sioux Falls, Norman Stumes, and I will take his words, said... Norman Stumes, in testifying at various hearings, said,
"I had a little conflict with my emotions. "
and he began to sob and he made the statement to the effect, I don't understand why anybody would want to kill a young girl like Joyce.
And, Detective Green, an officer of the State of South Dakota, said, Norman, it probably... Why don't you get it off your chest, at which time he made admissions that implicated him and were used against him at his trial.