Henry v. State, 452 S.E.2d 505 (Ga. 1995). · Go Syfert
Henry v. State, 452 S.E.2d 505 (Ga. 1995). Cases Citing This Book View Copy Cite
38 citation events (25 in the last 25 years) across 2 distinct courts.
Strongest positive: Clark v. State (ga, 2023-01-18)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) Clark v. State (2×)
Ga. · 2023 · confidence medium
W. v. State, 256 Ga. 464, 467 ( 349 SE2d 713 ) (1986) (saying that in Riley, we held that the question of waiver “depends on the totality of the circumstances to be analyzed by a consideration of nine factors” and then listing the Riley factors) (citation and punctuation omitted); State v. McBride, 261 Ga. 60, 63 ( 401 SE2d 484 ) (1991) (mentioning that the trial court applied a totality-of-the-circumstances test to determine whether the juvenile defendants waived their rights under Miranda, but saying that “[i]n determining this issue nine factors are to be considered” and listing the…
discussed Cited as authority (rule) In the Interest of E. J.
Ga. Ct. App. · 2008 · confidence medium
The factors a court considers include: “The age of the accused; the education of the accused; the knowledge of the accused as to the substance of the charge and nature of his rights to consult with an attorney; whether the accused was held incommunicado or allowed to consult with relatives or an attorney; whether the accused was interrogated before or after formal charges had been filed; methods used in interrogation; length of interrogation; whether accused refused to voluntarily give statements on prior occasions; and whether accused repudiated an extrajudicial statement at a later date.�…
discussed Cited as authority (rule) Allen v. State
Ga. · 2008 · confidence medium
The factors a court considers include: “The age of the accused; the education of the accused; the knowledge of the accused as to the substance of the charge and nature of his rights to consult with an attorney; whether the accused was held incommunicado or allowed to consult with relatives or an attorney; whether the accused was interrogated before or after formal charges had been filed; methods used in interrogation; length of interrogation; whether accused refused to voluntarily give statements on prior occasions; and whether accused repudiated an extrajudicial statement at a later date.�…
cited Cited as authority (rule) Green v. State
Ga. · 2007 · confidence medium
Henry v. State, 264 Ga. 861, 862 (2) ( 452 SE2d 505 ) (1995).
discussed Cited as authority (rule) Montgomery v. State
Ga. Ct. App. · 2007 · confidence medium
Phipps and Mikell, JJ., concur. 1 See Simmons v. State, 207 Ga. App. 171 ( 427 SE2d 560 ) (1993). 2 Henry v. State, 264 Ga. 861, 862 (2) ( 452 SE2d 505 ) (1995). 3 (Citation omitted.) Walker v. State, 186 Ga. App. 765, 766 (2) ( 368 SE2d 547 ) (1988). 4 Id.
discussed Cited as authority (rule) Gonzales v. State (2×)
Ga. Ct. App. · 2003 · confidence medium
Henry v. State, 264 Ga. 861, 862 (2) ( 452 SE2d 505 ) (1995), applying Riley.
cited Cited as authority (rule) Nhek v. State
Ga. · 1999 · confidence medium
Henry v. State, 264 Ga. 861, 862 (2) ( 452 SE2d 505 ) (1995).
discussed Cited as authority (rule) Pollard v. State
Ga. Ct. App. · 1999 · confidence medium
Pollard argues that his incriminating custodial statements made at the police station were involuntary and therefore inadmissible at trial. “[W]hether a defendant waives his rights under Miranda and makes a voluntary and knowing statement depends on the totality of the circumstances.” (Citation omitted.) Henry v. State, 264 Ga. 861, 862 (2) ( 452 SE2d 505 ) (1995).
discussed Cited as authority (rule) Barber v. State
Ga. · 1997 · confidence medium
The *522 appeal was docketed in this Court on June 12, 1996, and orally argued on September 9, 1996. 2 Batson v. Kentucky, 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986). 3 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 4 Riley v. State, 237 Ga. 124, 128 ( 226 SE2d 922 ) (1976); Henry v. State, 264 Ga. 861, 862 ( 452 SE2d 505 ) (1995); McKoon v. State, 266 Ga. 149, 150 ( 465 SE2d 272 ) (1996). 5 Lattimore v. State, 265 Ga. 102, 104 (2) (b) ( 454 SE2d 474 ) (1995).
discussed Cited as authority (rule) McKoon v. State
Ga. · 1996 · confidence medium
Henry v. State, 264 Ga. 861, 862 ( 452 SE2d 505 ) (1995), applying Riley, supra. After hearing testimony at a Jackson v. Denno hearing, the trial court applied the Riley factors and found under the totality of the circumstances that McKoon had knowingly and intelligently waived his constitutional rights.
discussed Cited "see" Jackson v. State (2×)
Ga. · 2000 · signal: see · confidence high
See Henry v. State, 264 Ga. 861, 862 (2) ( 452 SE2d 505 ) (1995).
examined Cited "see, e.g." Short v. State (3×)
Ga. Ct. App. · 2005 · signal: see also · confidence medium
See also Henry v. State, 264 Ga. 861, 862 (2) ( 452 SE2d 505 ) (1995). 23 Henry, supra at 862 (2). 24 See McKoon v. State, 266 Ga. 149, 151 (2) ( 465 SE2d 272 ) (1996) (“The absence of a parent is just one of nine factors that this Court considers.”); Henry, supra at 862-863 ; Brown, supra, 253 Ga. App. at 3 (1) (d). 25 391 U. S. 123 (88 SC 1620, 20 LE2d 476) (1968). 26 Hanifa v. State, 269 Ga. 797, 803 (2) ( 505 SE2d 731 ) (1998). 27 OCGA § 24-3-52. 28 Brown v. State, 266 Ga. 633, 635 (2) ( 469 SE2d 186 ) (1996). 29 See id. 30 Tb the extent OCGA § 24-3-52 also embodies the Confrontation…
discussed Cited "see, e.g." Livingston v. State (2×)
Ga. Ct. App. · 1997 · signal: see also · confidence medium
See also Henry v. State, 264 Ga. 861, 862 (2) ( 452 SE2d 505 ). 2.
Retrieving the full opinion text from the archive…
Henry
v.
the State
S94A1217.
Supreme Court of Georgia.
Jan 30, 1995.
452 S.E.2d 505
1995 Ga. LEXIS 42
Melissa M. Nelson, for appellant., J. Tom Morgan, District Attorney, Robert M. Coker, John H. Petrey, Assistant District Attorneys, Michael J. Bowers, Attorney General, Michael D. Groves, Assistant Attorney General, for appellee.
Hunt.
Cited by 15 opinions  |  Published
Hunt, Chief Justice.

Demale Henry, thirteen years old, assaulted and killed Cherida Kinlaw, seven years old, and was convicted of murder, aggravated child molestation, aggravated assault, and sexual battery. He was sentenced to life in prison for murder plus a term of 20 years to be served concurrently. [1] He appeals and we affirm.

1. Having reviewed the evidence in the light most favorable to the jury’s determination, we conclude that a rational trier of fact[*862] could have found Henry guilty of the crimes for which he was convicted beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Henry contends the trial court erred in admitting his written statement of confession into evidence. He argued first that he did not make a knowing or voluntary waiver of his rights prior to giving the statement, and second that any initial waiver he might have made was vitiated by the coercive behavior and implied promises on the part of the police.

The question of whether a defendant waives his rights under Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1969) and makes a voluntary and knowing statement depends on the totality of the circumstances. Reinhardt v. State, 263 Ga. 113, 115 (3) (b) (428 SE2d 333) (1993). At the time of the crimes, and of the statement in question, Henry was thirteen years and nine and a half months old. In Riley v. State, 237 Ga. 124, 128 (226 SE2d 922) (1976), we set out the nine factors trial courts must consider in determining whether there was a knowing and intelligent waiver by a juvenile of constitutional rights in making incriminating statements. See also State v. McBride, 261 Ga. 60, 63 (2) (b) (401 SE2d 484) (1991). These factors are: the age of the accused; the education of the accused; the knowledge of the accused as to the substance of the charge and nature of his rights to consult with an attorney; whether the accused was held incommunicado or allowed to consult with relatives or an attorney; whether the accused was interrogated before or after formal charges had been filed; methods used in interrogation; length of interrogation; whether the accused refused to voluntarily give statements on prior occasions; and whether the accused repudiated an extrajudicial statement at a later date. Id. On appeal, the standard of review is whether the trial court was clearly erroneous in its factual findings on the admissibility of this statement. Martin v. State, 264 Ga. 826 (452 SE2d 95) (1995).

Following a lengthy Jackson-Denno hearing, the trial court reviewed the evidence in light of each of the Riley factors and found, under the totality of the circumstances, that Henry knowingly and intelligently waived his constitutional rights and made his statements freely and voluntarily. In weighing the Riley factors, the trial court noted that Henry was fully informed of his rights and gave every indication, even under his own testimony, that he understood those rights and understood the charges against him; that he showed throughout a willingness to speak with the police officers; that his statements were made in a non-coercive setting in the presence of one or both of the two adults with whom he lived; and that no promise of benefit had been made to him. The trial court’s findings are amply supported by the evidence and, because they certainly are not clearly erroneous, are[*863] affirmed.

Decided January 30, 1995. Melissa M. Nelson, for appellant. J. Tom Morgan, District Attorney, Robert M. Coker, John H. Petrey, Assistant District Attorneys, Michael J. Bowers, Attorney General, Michael D. Groves, Assistant Attorney General, for appellee.

Henry also contends the statements were the product of an illegal arrest. This issue was not raised at trial, but the record amply demonstrates probable cause for his arrest. This contention is, then, without merit.

3. We find no merit to Henry’s remaining enumeration of error, that the trial court erred in denying his motion for directed verdict.

Judgment affirmed.

All the Justices concur.
1

Henry committed the crimes for which he was convicted on May 11, 1991. He was indicted on May 16, 1991 by the DeKalb County Grand Jury and tried before a jury March 31 to April 7, 1992. The jury convicted him on April 7, 1992, of one count of malice murder, three counts of felony murder, one count of aggravated child molestation, one count of sexual battery, and one count of aggravated assault. The trial court sentenced Henry on April 7, 1992, to life in prison for malice murder and 20 years for aggravated child molestation, to be served concurrently, finding that the remaining charges merged. Henry’s motion for new trial, filed April 24, 1992, was denied March 14, 1994. He filed his notice of appeal on April 13, 1994, and the appeal was docketed in this court on May 9, 1994. The case was submitted for decision without oral argument on July 5, 1994.