Pierce v. State, 231 S.E.2d 744 (Ga. 1977). · Go Syfert
Pierce v. State, 231 S.E.2d 744 (Ga. 1977). Cases Citing This Book View Copy Cite
61 citation events (2 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (rule) Metheny v. State (2×)
Ga. Ct. App. · 1990 · confidence medium
At a Jackson-Denno hearing the due process clause requires that "the state must prove voluntariness by a preponderance of the evidence [Cits.], and in order to make this determination, the judge must consider the `totality of the circumstances' surrounding the statement. [Cits.] It is not merely an inquiry based solely on Miranda, although the presence of these warnings is significant in deciding the voluntariness question." Pierce v. State, 238 Ga. 126, 129 ( 231 SE2d 744 ) (1977).
cited Cited as authority (rule) Kerr v. State
Ga. Ct. App. · 1990 · confidence medium
Pierce v. State, 238 Ga. 126, 129 ( 231 SE2d 744 ).
cited Cited as authority (rule) Jones v. State
Ga. Ct. App. · 1988 · confidence medium
Pierce v. State, 238 Ga. 126, 128 ( 231 SE2d 744 ) (1977).
discussed Cited as authority (rule) Moore v. State
Ga. Ct. App. · 1988 · confidence medium
IV; see generally Thornton, supra at 165 (use of post-trial hearing); Pierce v. State, 238 Ga. 126, 129 ( 231 SE2d 744 ) (discussing return of case to trial court for Jackson-Denno hearing); Hicks v. State, 255 Ga. 503, 504-505 ( 340 SE2d 604 ) (returning case for clarification of admissibility of any statements or confessions by defendant).
discussed Cited as authority (rule) Hall v. State
Ga. Ct. App. · 1985 · confidence medium
As stated succinctly in Pierce v. State, 238 Ga. 126, 128 ( 231 SE2d 744 ) (1977): “It is now axiomatic that the defendant has the right to a hearing outside the presence of the jury on the question of the voluntariness of any in-custody statements or confessions that he has made.
cited Cited as authority (rule) Deering v. State
Ga. Ct. App. · 1983 · confidence medium
This case is inapposite on its facts to that of Pierce v. State, 238 Ga. 126, 128-129 ( 231 SE2d 744 ), with reference to a failure to properly hold a Jackson-Denno hearing.
discussed Cited as authority (rule) Payne v. State (2×)
Ga. · 1982 · confidence medium
Cofield v. State, 247 Ga. 98, 106 (4) ( 274 SE2d 530 ) (1981); Pittman v. State, 245 Ga. 453, 455 ( 265 SE2d 592 ) (1980); Lawrence v. State, 241 Ga. 36, 37 (1) ( 243 SE2d 78 ) (1978); Pierce v. State, 238 Ga. 126, 129 ( 231 SE2d 744 ) (1977); Schneider v. State, 130 Ga. App. 3 (1) ( 202 SE2d 238 ) (1973).
cited Cited as authority (rule) Lee v. State
Ga. Ct. App. · 1978 · confidence medium
(Emphasis supplied.)” Pierce v. State, 238 Ga. 126, 128 ( 231 SE2d 744 ) (1977); Porter v. State, 138 Ga. App. 640 ( 277 SE2d 284 ) (1977).
discussed Cited as authority (rule) Lawrence v. State
Ga. · 1978 · confidence medium
Pursuant to our holding in Pierce v. State, 238 Ga. 126, 129 ( 231 SE2d 744 ) (1977), we returned the case to the trial court for another Jackson-Denno hearing in which the appellant would be allowed to testify and for the trial judge to make a ruling after such hearing on the voluntariness issue.
discussed Cited as authority (rule) Porter v. State
Ga. Ct. App. · 1977 · confidence medium
We are guided in this determination by Pierce v. State, 238 Ga. 126, 128 ( 231 SE2d 744 ): "It is now axiomatic that the defendant has the right to a hearing outside the presence of the jury on the question of the voluntariness of any in-custody statements or confessions that he has made.
discussed Cited "see" Chumley v. State (2×)
Ga. · 2008 · signal: see · confidence high
See Pierce v. State, 238 Ga. 126, 128 (1) ( 231 SE2d 744 ) (1977); Farley v. State, 145 Ga. App. 98,100 (1) ( 243 SE2d 322 ) (1978).
discussed Cited "see" Lyons v. State (2×)
Ga. · 1999 · signal: see · confidence high
See Pierce v. State, 238 Ga. 126 ( 231 SE2d 744 ) (1977) (burden is on the State to establish by a preponderance of the evidence the voluntariness of custodial statements).
discussed Cited "see" Peinado v. State
Ga. Ct. App. · 1996 · signal: see · confidence high
See Pinto v. Pierce, 389 U. S. 31, 32, fn. 2 , supra. Consequently, if defendant’s confession were voluntary, then there is no harm in the trial court’s erroneous refusal to conduct the voluntariness hearing outside the presence of the jury. (c) In the case sub judice, defendant’s confession was determined to be freely and voluntarily given, after defendant had been cautioned of his rights and signed a waiver form.
discussed Cited "see" Allen v. State (2×)
Ga. Ct. App. · 1991 · signal: see · confidence high
See Pierce v. State, 238 Ga. 126 (1) ( 231 SE2d 744 ) (1977). 4.
discussed Cited "see" Gadson v. State (2×)
Ga. Ct. App. · 1990 · signal: see · confidence high
IV; OCGA § 15-2-8 (2); see Pierce v. State, 238 Ga. 126, 128-129 ( 231 SE2d 744 ) (remand for hearing on voluntariness of confession issue); compare Moore v. State, 187 Ga. App. 387 ( 370 SE2d 511 ) (remand for in camera proceedings to determine scope of confidential informant’s testimony).
discussed Cited "see" State v. Slaughter (2×)
Ga. · 1984 · signal: see · confidence high
See Pierce v. State, 238 Ga. 126, 129 ( 231 SE2d 744 ), cert. denied, 431 U. S. 930 (1977); Cofield v. State, 247 Ga. 98, 106 ( 274 SE2d 530 ) (1981).
discussed Cited "see, e.g." Miller v. State (2×)
Ga. Ct. App. · 1980 · signal: compare · confidence low
Compare Pierce v. State, 238 Ga. 126 ( 231 SE2d 744 ) (1977).
examined Cited "see, e.g." Davis v. State (4×)
Ga. · 1978 · signal: see also · confidence medium
See also Pierce v. State, 238 Ga. 126, 129 ( 231 SE2d 744 ) (1977), where we directed the trial court to reopen a Jackson-Denno hearing pending appeal. 5.
Retrieving the full opinion text from the archive…
Pierce
v.
the State
31480.
Supreme Court of Georgia.
Jan 4, 1977.
231 S.E.2d 744
Gibbs, Leaphart & Smith, T. Alvin Leaphart, for appellant., Glenn Thomas, Jr., District Attorney, Arthur K. Bolton, Attorney General, John W. Dunsmore, Jr., Assistant Attorney General, Susan V. Boleyn, for appellee.
Undercofler.
Cited by 30 opinions  |  Published
Undercofler, Presiding Justice.

William J. Pierce, Jr. was tried and convicted for the murder of Helen Wilcox and received a life sentence. He appeals raising primarily the question of the voluntariness of his confession. We affirm.

1. On January 22, 1971, Sheriff Marcus Hall of Jeff Davis County received a phone call from Homer Wilcox reporting that his wife, Helen, was missing from their country grocery store. The sheriff himself had visited her in the store only an hour earlier, but a search of the immediate area failed to reveal any evidence of her whereabouts. Search parties were formed to comb the area on the following two Saturdays, but no clues were found.

The sheriffs suspicions were focused on the defendant on March 16, 1971, when he received a phone call from the sheriff in Baxley that he had a prisoner who wanted to talk to him. Sheriff Hall then drove to Baxley, read the defendant his rights and was told by the defendant that he knew something about his missing lady and that he would tell the sheriff about it later. The defendant was then taken from the Baxley jail by the sheriff of that county, Red Carter, and his deputy, Howard McCook, to Swainsboro for a hearing in an unrelated case.

On their return that same day, Sheriff Carter detoured to Hazlehurst and radioed to Sheriff Hall to meet him behind Golden’s Hospital in the parking lot at eight o’clock. There in the police car, in the company of the two sheriffs from Appling County and an unidentified state trooper from Swainsboro, the defendant at this second[*127] meeting, after being given his Miranda warnings, told Sheriff Hall he wanted to show him where the body could be found, and that he had killed her by shooting her. After about an hour to an hour and a half search, the group did locate her body, and the defendant was driven back to Swainsboro.

The next morning, Sheriff Hall drove to Swainsboro to interview the defendant for the third time. Sheriffs Carter and McCook, and GBI Agent Sapp were present in the defendant’s cell. Sapp read him his Miranda rights and the defendant filled out a waiver form, including the crime of murder and the date it occurred, and signed it himself. He then narrated the course of events leading to the strangulation, rather than shooting, of Helen Wilcox arising from her resistance to leaving the grocery store with him after he robbed the store with a gun.

The fourth and final interview occurred a month later in the Baxley jail with only Sheriff Hall present. After he was read his rights, he told the sheriff where to find the victim’s pocketbook and a Calvert bottle. The sheriff located these items as described by the defendant.

In his enumerations of error 1, 2, 3, 4 and 7, the defendant challenges the admissibility of his confession and statements because he was not allowed to show the totality of the circumstances surrounding his statements during the Jackson v. Denno hearing. Clewis v. Texas, 386 U. S. 707 (1967). On the basis that the confessions and their fruits were inadmissible, the defendant also contends that the court erred in failing to direct a verdict in his favor.

During the Jackson-Denno hearing, the sheriff testified to the facts set out above including the time, place, and persons present at the four interviews with the defendant, that the defendant was given his Miranda rights each time and was not promised any favor or reward, and that the defendant’s statements were offered freely and voluntarily.

In order to inquire into the circumstances surrounding the second meeting in the parking lot, the defendant sought to call Sheriffs Carter and McCook to cross examine them on what occurred in the car during their trip, leading up to the defendant’s statements to[*128] Sheriff Hall. The state objected but the court was going to allow this inquiry until he discovered that Sheriff Carter, though under subpoena by the state, was not present in the courtroom. The defendant then attempted to call Deputy Sheriff McCook, who was present, but the state objected on the ground the circumstances prior to the statements were irrelevant. The court then refused to allow McCook to testify. The state also objected to Anita Blackburn’s testimony, regarding the third meeting in Baxley when the defendant fully confessed, because Sheriff Hall stated that she was not present in the jail cell at the time of the confession, although she was at the jail itself.

The defendant himself was able to take the stand, but the court limited his testimony only to whether or not he received his Miranda warnings, which he denied.

Lieutenant Sapp, the GBI agent, was then called by the state in rebuttal to testify that he was present at the third meeting in Baxley in the defendant’s cell when the defendant confessed and that the defendant himself filled out and signed a printed waiver form.

The trial court then ruled the confession and statements admissible, [1] the jury was returned, and the trial resumed. The defendant presented no witnesses and did not call any of the state’s witnesses to testify to the circumstances surrounding the defendant’s statements at any time during the trial despite the court’s expressed position that these were matters of defense to be brought out during the trial of the case. The defendant made a long and rambling unsworn statement, but did not ever claim his statements were other than voluntary.

It is now axiomatic that the defendant has the right to a hearing outside the presence of the jury on the question of the voluntariness of any in-custody statements or confessions that he has made. Jackson v. Denno, 378 U. S. 368 (1964); Schneider v. State, 130 Ga.[*129] App. 3 (202 SE2d 238) (1973). At such a hearing, the state must prove voluntariness by a preponderance of the evidence (Lego v. Twomey, 404 U. S. 477 (1971); High v. State, 233 Ga. 153 (210 SE2d 673) (1974)), and in order to make this determination, the judge must consider the "totality of the circumstances” surrounding the statement (Clewis v. Texas, 386 U. S. 707, supra;Pierce v. State, 235 Ga. 237 (219 SE2d 158) (1975)). It is not merely an inquiry based solely on Miranda, although the presence of these warnings is significant in deciding the voluntariness question. The def mdant has the right "to have a fair hearing and a reliable determination on the issue of voluntariness, a determination uninfluenced by the truth or falsity of the confession. Rogers v. Richmond, [365 U. S. 534 (1969)].” Jackson v. Denno, supra, p. 377. (Emphasis supplied.) We do not find that a hearing in which the defendant is allowed to present testimony only on the Miranda warnings and not on the surrounding circumstances meets this standard. State v. Fortner, 266 S. C. 223 (222 SE2d 508) (1976).

We, therefore, by order returned the case to the trial court for a Jackson-Denno hearing to determine fully the voluntariness issue. At that hearing, Sheriffs Hall, Carter, and McCook, GBI Agent Sapp, Anita Blackburn’s friend Lois Patrick and the defendant were present and testified concerning the circumstances surrounding his statements. The trial court found that all the statements were voluntarily made and were properly admitted at the trial. Therefore, enumerations of error 1, 2, 3, 4, and 7 have been cured and no longer have any validity.

After a careful review of the lengthy Jackson-Denno transcript, we also find no merit to defendant’s supplemental enumeration of error that the trial court erred in holding that the statements were voluntary.

2. We note that this trial took place in 1972, but that the motion for new trial was not ruled on until May 6, 1976, merely because the transcript was not ready. The case was filed here on July 15,1976, and set for argument at the earliest possible date in September, 1976. In our opinion, a four-year delay in preparing a 250 page transcript is inexcusable.

The defendant has only belatedly, in a supplemental[*130] enumeration filed November 29, 1976, raised any complaint about the failure of the trial court to rule for so long on his motion for a new trial. We find no error, however, since the defendant has shown no prejudice. The one witness who could not be found and the two who had died in the meantime were not shown to have any knowledge which would have been more than merely cumulative of that actually presented.

Argued September 15, 1976 — Decided January 4, 1977. Gibbs, Leaphart & Smith, T. Alvin Leaphart, for appellant. Glenn Thomas, Jr., District Attorney, Arthur K. Bolton, Attorney General, John W. Dunsmore, Jr., Assistant Attorney General, Susan V. Boleyn, for appellee.

3. We find no error in the judge’s instructions to the jurors on the reasons for their sequestration especially since no objection was made at trial, or in the admission of the photographs of the decomposed body of the victim. The evidence supported the verdict and the trial court did not err in failing to direct a verdict of acquittal.

Judgment affirmed.

All the Justices concur.
1

"The court rules that the foundation has been laid concerning Sheriff Hall’s testimony concerning his having advised the defendant of his rights as regards that which he has testified to.”