Jackson v. Denno hearing in Georgia

2017Although a defendant who objects to the admission of his statements to the police is “entitled to a fair hearing in which both the underlying factual issues and the voluntariness of his confession are 5 We note that, on cross-examination, after the trial court had denied appellant’s motion for mistrial, the GBI agent testified that it was “normal for people to be dressed out in a jumpsuit for a pre-trial interview or a pre-arrest interview” conducted at the local jail. 14 actually and reliably determined,” Jackson v. Denno, 378 U. S. 368, 380 ( 84 SCt 1774 , 12 LE2d 908) (1964), “there is no c

2017Although a defendant who objects to the admission of his statements to the police is “entitled to a fair hearing in which both the underlying factual issues and the voluntariness of his confession are 5 We note that, on cross-examination, after the trial court had denied appellant’s motion for mistrial, the GBI agent testified that it was “normal for people to be dressed out in a jumpsuit for a pre-trial interview or a pre-arrest interview” conducted at the local jail. 14 actually and reliably determined,” Jackson v. Denno, 378 U. S. 368, 380 ( 84 SCt 1774 , 12 LE2d 908) (1964), “there is no c

2017Although a defendant who objects to the admission of his statements to the police is “entitled to a fair hearing in which both the underlying factual issues and the voluntariness of his confession are 5 We note that, on cross-examination, after the trial court had denied appellant’s motion for mistrial, the GBI agent testified that it was “normal for people to be dressed out in a jumpsuit for a pre-trial interview or a pre-arrest interview” conducted at the local jail. 14 actually and reliably determined,” Jackson v. Denno, 378 U. S. 368, 380 ( 84 SCt 1774 , 12 LE2d 908) (1964), “there is no c

2017Although a defendant who objects to the admission of his statements to the police is “entitled to a fair hearing in which both the underlying factual issues and the voluntariness of his confession are 5 We note that, on cross-examination, after the trial court had denied appellant’s motion for mistrial, the GBI agent testified that it was “normal for people to be dressed out in a jumpsuit for a pre-trial interview or a pre-arrest interview” conducted at the local jail. 14 actually and reliably determined,” Jackson v. Denno, 378 U. S. 368, 380 ( 84 SCt 1774 , 12 LE2d 908) (1964), “there is no c

1998Compare Bullard v. State, 263 Ga. 682, 685 (1) ( 436 SE2d 647 ) (1993) (helping to hide the body after the murder does not alone constitute aiding and abetting the murder). 8 See Dixon v. State, 267 Ga. 136,139 (3) ( 475 SE2d 633 ) (1996) (“Factual and credibility determinations made by a trial court after a Jackson v. Denno hearing will not be disturbed on appeal unless they are clearly erroneous”); Cox v. State, 248 Ga. 713 (1) ( 285 SE2d 687 ) (1982) (same). 9 (Citation and punctuation omitted.) Hestley v. State, 216 Ga. App. 573, 576 (2) ( 455 SE2d 333 ) (1995). 10 Peppers v. State, 261 Ga

1998Compare Bullard v. State, 263 Ga. 682, 685 (1) ( 436 SE2d 647 ) (1993) (helping to hide the body after the murder does not alone constitute aiding and abetting the murder). 8 See Dixon v. State, 267 Ga. 136,139 (3) ( 475 SE2d 633 ) (1996) (“Factual and credibility determinations made by a trial court after a Jackson v. Denno hearing will not be disturbed on appeal unless they are clearly erroneous”); Cox v. State, 248 Ga. 713 (1) ( 285 SE2d 687 ) (1982) (same). 9 (Citation and punctuation omitted.) Hestley v. State, 216 Ga. App. 573, 576 (2) ( 455 SE2d 333 ) (1995). 10 Peppers v. State, 261 Ga

2017Although a defendant who objects to the admission of his statements to the police is “entitled to a fair hearing in which both the underlying factual issues and the voluntariness of his confession are 5 We note that, on cross-examination, after the trial court had denied appellant’s motion for mistrial, the GBI agent testified that it was “normal for people to be dressed out in a jumpsuit for a pre-trial interview or a pre-arrest interview” conducted at the local jail. 14 actually and reliably determined,” Jackson v. Denno, 378 U. S. 368, 380 ( 84 SCt 1774 , 12 LE2d 908) (1964), “there is no c

2017Although a defendant who objects to the admission of his statements to the police is “entitled to a fair hearing in which both the underlying factual issues and the voluntariness of his confession are 5 We note that, on cross-examination, after the trial court had denied appellant’s motion for mistrial, the GBI agent testified that it was “normal for people to be dressed out in a jumpsuit for a pre-trial interview or a pre-arrest interview” conducted at the local jail. 14 actually and reliably determined,” Jackson v. Denno, 378 U. S. 368, 380 ( 84 SCt 1774 , 12 LE2d 908) (1964), “there is no c

2014On July 12,2013, Dubose filed a notice of appeal; the appeal was docketed in this Court for the September 2013 term and submitted for decision on the briefs. 2 Miranda v. Arizona, 384 U. S. 436 ( 86 SCt 1602 , 16 LE2d 694) (1966). 3 Jackson v. Denno, 378 U. S. 368 ( 84 SCt 1774 , 12 LE2d 908) (1964). 4 The recording was not transcribed. 5 Extraneous noise makes Dubose’s speech on the recording unclear. 6 In a prior interview, Dubose, who was 21 years of age, had expressed the desire to speak with his mother. 7 The recording is not clear on this point. 8 “[F]ollowing a Jackson v. Denno hearing,

2014On July 12,2013, Dubose filed a notice of appeal; the appeal was docketed in this Court for the September 2013 term and submitted for decision on the briefs. 2 Miranda v. Arizona, 384 U. S. 436 ( 86 SCt 1602 , 16 LE2d 694) (1966). 3 Jackson v. Denno, 378 U. S. 368 ( 84 SCt 1774 , 12 LE2d 908) (1964). 4 The recording was not transcribed. 5 Extraneous noise makes Dubose’s speech on the recording unclear. 6 In a prior interview, Dubose, who was 21 years of age, had expressed the desire to speak with his mother. 7 The recording is not clear on this point. 8 “[F]ollowing a Jackson v. Denno hearing,

2010(Citations and punctuation omitted.) Harvey v. State, 274 Ga. 350, 351-352 (1) ( 554 SE2d 148 ) (2001).

2010(Citations and punctuation omitted.) Harvey v. State, 274 Ga. 350, 351-352 (1) ( 554 SE2d 148 ) (2001).

2000“Factual and credibility determinations made by a trial court after a Jackson v. Denno hearing will not be disturbed on appeal unless they are clearly erroneous.” (Footnote omitted.) Dixon v. State, 267 Ga. 136, 139 (3) ( 475 SE2d 633 ) (1996).

2000“Factual and credibility determinations made by a trial court after a Jackson v. Denno hearing will not be disturbed on appeal unless they are clearly erroneous.” (Footnote omitted.) Dixon v. State, 267 Ga. 136, 139 (3) ( 475 SE2d 633 ) (1996).

1991“In the absence of evidence of ... a clear abuse of discretion, the findings of a trial court at a Jackson v. Denno hearing will not be disturbed. [Cits.]” Sanborn v. State, 251 Ga. 169, 170 (2) ( 304 SE2d 377 ) (1983).

1991“In the absence of evidence of ... a clear abuse of discretion, the findings of a trial court at a Jackson v. Denno hearing will not be disturbed. [Cits.]” Sanborn v. State, 251 Ga. 169, 170 (2) ( 304 SE2d 377 ) (1983).

2011See also Humphreys v. State, 287 Ga. 63, 73 (6) ( 694 SE2d 316 ) (2010) (“Unless clearly erroneous, a trial court’s findings as to factual determinations and credibility relating to the admissibility of the defendant’s statement at a Jackson v. Denno hearing will be upheld on appeal”) (citation omitted). 5 Jackson v. Denno, 378 U. S. 368 (84 SC 1774, 12 LE2d 908) (1964). 6 (Citations omitted.) Hendrix, supra. 7 (Punctuation and footnote omitted.) Axelburg, supra. 8 Id.; accord Sosniak v. State, 287 Ga. 279, 281-282 (1) (A) (1) ( 695 SE2d 604 ) (2010). 9 (Punctuation and footnote omitted.) Cant

2011See also Humphreys v. State, 287 Ga. 63, 73 (6) ( 694 SE2d 316 ) (2010) (“Unless clearly erroneous, a trial court’s findings as to factual determinations and credibility relating to the admissibility of the defendant’s statement at a Jackson v. Denno hearing will be upheld on appeal”) (citation omitted). 5 Jackson v. Denno, 378 U. S. 368 (84 SC 1774, 12 LE2d 908) (1964). 6 (Citations omitted.) Hendrix, supra. 7 (Punctuation and footnote omitted.) Axelburg, supra. 8 Id.; accord Sosniak v. State, 287 Ga. 279, 281-282 (1) (A) (1) ( 695 SE2d 604 ) (2010). 9 (Punctuation and footnote omitted.) Cant

1998Fain v. State, 165 Ga. App. 188 (6) ( 300 SE2d 197 ) (1983).

1998Fain v. State, 165 Ga. App. 188 (6) ( 300 SE2d 197 ) (1983).

1993See also Craver v. State, 246 Ga. 467 (1) ( 271 SE2d 862 ) (1980), in which the Supreme Court even found no error in the failure to conduct a Jackson v. Denno hearing where the defendant presented no evidence or offer of proof that his statement was not voluntary.

1993See also Craver v. State, 246 Ga. 467 (1) ( 271 SE2d 862 ) (1980), in which the Supreme Court even found no error in the failure to conduct a Jackson v. Denno hearing where the defendant presented no evidence or offer of proof that his statement was not voluntary.

2018Accordingly, remand is not required, and I would affirm the judgment of the trial court. 5 See, e.g., Bryant v. State, 268 Ga. 664, 666 (6) ( 492 SE2d 868 ) (1997), citing Berry v. State, 254 Ga. 101, 104-105 (1), n. 6 ( 326 SE2d 748 ) (1985). 6 See Gunn v. State, 342 Ga. App. 615, 622-623 (2) ( 804 SE2d 118 ) (2017) (“[U]nless clearly erroneous, a trial court’s findings as to factual determinations and credibility relating to the admissibility of the defendant’s statement at a Jackson v. Denno hearing will be upheld on appeal.”). 4

2018Accordingly, remand is not required, and I would affirm the judgment of the trial court. 5 See, e.g., Bryant v. State, 268 Ga. 664, 666 (6) ( 492 SE2d 868 ) (1997), citing Berry v. State, 254 Ga. 101, 104-105 (1), n. 6 ( 326 SE2d 748 ) (1985). 6 See Gunn v. State, 342 Ga. App. 615, 622-623 (2) ( 804 SE2d 118 ) (2017) (“[U]nless clearly erroneous, a trial court’s findings as to factual determinations and credibility relating to the admissibility of the defendant’s statement at a Jackson v. Denno hearing will be upheld on appeal.”). 4

2018See Brogdon v. State , 255 Ga. 64 , 67 (2), 335 S.E.2d 383 (1985) ("[A]bsent a challenge to the use of a statement in evidence, there is no statutory or constitutional requirement that the trial court hold, sua sponte, a Jackson v. Denno hearing regarding the voluntary nature of the statement.").

2018See Brogdon v. State , 255 Ga. 64 , 67 (2), 335 S.E.2d 383 (1985) ("[A]bsent a challenge to the use of a statement in evidence, there is no statutory or constitutional requirement that the trial court hold, sua sponte, a Jackson v. Denno hearing regarding the voluntary nature of the statement.").

2016See also Butler v. State, 292 Ga. 400, 403 (2) ( 738 SE2d 74 ) (2013) (“Unless clearly erroneous, a trial court’s findings as to factual determinations and credibility relating to the admissibility of the defendant’s statement at a Jackson v. Denno hearing will be upheld on appeal.”) (citation omitted).

2016See also Butler v. State, 292 Ga. 400, 403 (2) ( 738 SE2d 74 ) (2013) (“Unless clearly erroneous, a trial court’s findings as to factual determinations and credibility relating to the admissibility of the defendant’s statement at a Jackson v. Denno hearing will be upheld on appeal.”) (citation omitted).

2016Drake testified at the Jackson v. Denno hearing, however, that she heard 10 Although the trial court determined that Blackwell’s statement was voluntary and thus admissible, the issue of voluntariness had to be “presented to the jury for consideration.” Hogan v. State, 330 Ga. App. 596, 600 (2) ( 768 SE2d 779 ) (2015). 11 Navarrete v. State, 283 Ga. 156, 161 (3) ( 656 SE2d 814 ) (2008) (citations omitted). 12 Id. at 162 (3). 7 Blackwell claim ownership of “whatever” police found in the house, which included methamphetamine.

2016Drake testified at the Jackson v. Denno hearing, however, that she heard 10 Although the trial court determined that Blackwell’s statement was voluntary and thus admissible, the issue of voluntariness had to be “presented to the jury for consideration.” Hogan v. State, 330 Ga. App. 596, 600 (2) ( 768 SE2d 779 ) (2015). 11 Navarrete v. State, 283 Ga. 156, 161 (3) ( 656 SE2d 814 ) (2008) (citations omitted). 12 Id. at 162 (3). 7 Blackwell claim ownership of “whatever” police found in the house, which included methamphetamine.

2013“In determining the admissibility of a custodial statement during a Jackson v. Denno hearing, the trial court must consider the totality of the circumstances and apply a preponderance of the evidence standard.” (Citation and punctuation omitted.) Samuels v. State, 288 Ga. 48, 49 (2) ( 701 SE2d 172 ) (2010).

2013“In determining the admissibility of a custodial statement during a Jackson v. Denno hearing, the trial court must consider the totality of the circumstances and apply a preponderance of the evidence standard.” (Citation and punctuation omitted.) Samuels v. State, 288 Ga. 48, 49 (2) ( 701 SE2d 172 ) (2010).

2013“On appeal, when we review the denial of a motion to suppress a statement, we owe no deference to the way in which the trial court resolved questions of law, but we generally accept its findings about questions of fact and credibility unless clearly erroneous.” (Citation and footnote omitted.) Edenfield v. State, 293 Ga. 370, 374 ( 744 SE2d 738 ) (2013).

2013“On appeal, when we review the denial of a motion to suppress a statement, we owe no deference to the way in which the trial court resolved questions of law, but we generally accept its findings about questions of fact and credibility unless clearly erroneous.” (Citation and footnote omitted.) Edenfield v. State, 293 Ga. 370, 374 ( 744 SE2d 738 ) (2013).

2012See also Anguiano v. State, 313 Ga. App. 449, 449-450 ( 721 SE2d 652 ) (2011) (“Whether one is in custody for Miranda purposes is a mixed question of law and fact; and on appellate review, we will not disturb the findings of fact that underpin the trial court’s legal conclusions made at a suppression hearing, unless they are clearly erroneous.”) (punctuation and footnotes omitted). (a) The trial court held a Jackson v. Denno hearing in connection with the statements Willis gave the police after his arrest in connection with the September 27,2008 incident. 5 The evidence showed that following h

2012See also Anguiano v. State, 313 Ga. App. 449, 449-450 ( 721 SE2d 652 ) (2011) (“Whether one is in custody for Miranda purposes is a mixed question of law and fact; and on appellate review, we will not disturb the findings of fact that underpin the trial court’s legal conclusions made at a suppression hearing, unless they are clearly erroneous.”) (punctuation and footnotes omitted). (a) The trial court held a Jackson v. Denno hearing in connection with the statements Willis gave the police after his arrest in connection with the September 27,2008 incident. 5 The evidence showed that following h

2006(Citations and punctuation omitted.) Escutia v. State, 277 Ga. 400, 401-402 (1) ( 589 SE2d 66 ) (2003).

2006(Citations and punctuation omitted.) Escutia v. State, 277 Ga. 400, 401-402 (1) ( 589 SE2d 66 ) (2003).

2003In his statement, Woodard admitted being present at the hotel but otherwise denied any involvement in the crime. 4 Although Woodard contends that the admissibility of his statement should be analyzed using the nine factors set forth in Riley v. State, 237 Ga. 124, 128 ( 226 SE2d 922 ) (1976), we have recognized that Riley does not apply to the admissibility of statements by persons who have reached the age of 17 because such persons are no longer considered juveniles by our criminal justice system.

2003In his statement, Woodard admitted being present at the hotel but otherwise denied any involvement in the crime. 4 Although Woodard contends that the admissibility of his statement should be analyzed using the nine factors set forth in Riley v. State, 237 Ga. 124, 128 ( 226 SE2d 922 ) (1976), we have recognized that Riley does not apply to the admissibility of statements by persons who have reached the age of 17 because such persons are no longer considered juveniles by our criminal justice system.

1989The purpose of a Jackson v. Denno hearing is to allow "the trial court in the first instance, as a matter of law, and the jury, ultimately, as a matter of fact, to assure themselves of the voluntariness of a statement...." Farley v. State, 145 Ga. App. 98, 100 (1) ( 243 SE2d 322 ) (1978).

1989The purpose of a Jackson v. Denno hearing is to allow "the trial court in the first instance, as a matter of law, and the jury, ultimately, as a matter of fact, to assure themselves of the voluntariness of a statement...." Farley v. State, 145 Ga. App. 98, 100 (1) ( 243 SE2d 322 ) (1978).

1988“We have held many times that the trial court’s ruling on the issues raised at a Jackson v. Denno hearing will not be disturbed unless the ruling is clearly erroneous.” Anderson v. State, 258 Ga. 278, 279 ( 368 SE2d 508 ) (1988).

1988Anderson v. State, 258 Ga. 278, 279 ( 368 SE2d 508 ) (1988).

1990Jarrell v. State, 234 Ga. 410, 416 (3) ( 216 SE2d 258 ) (1975).

1990Jarrell v. State, 234 Ga. 410, 416 (3) ( 216 SE2d 258 ) (1975).

1988“Unless clearly erroneous, a trial court’s findings as to factual determinations and credibility relating to the admissibility of a confession will be upheld on appeal.” Gates v. State, 244 Ga. 587, 590-591 ( 261 SE2d 349 ) (1979).

1988“Unless clearly erroneous, a trial court’s findings as to factual determinations and credibility relating to the admissibility of a confession will be upheld on appeal.” Gates v. State, 244 Ga. 587, 590-591 ( 261 SE2d 349 ) (1979).

1984See Johnson v. State, 233 Ga. 58 ( 209 SE2d 629 ) (1974); Ingram v. State, 137 Ga. App. 412 (1) ( 224 SE2d 527 ) (1976).

1984See Johnson v. State, 233 Ga. 58 ( 209 SE2d 629 ) (1974); Ingram v. State, 137 Ga. App. 412 (1) ( 224 SE2d 527 ) (1976).

2010Fowler v. State, 246 Ga. 256, 258 (3) ( 271 SE2d 168 ) (1980).

2010Fowler v. State, 246 Ga. 256, 258 (3) ( 271 SE2d 168 ) (1980).

2007Unless clearly erroneous, a trial court’s findings as to *549 factual determinations and credibility relating to the admissibility of the defendant’s statement at a Jackson v. Denno hearing will be upheld on appeal. [Cit.] Folson v. State, 278 Ga. 690 (2) ( 606 SE2d 262 ) (2004).

2007Unless clearly erroneous, a trial court’s findings as to *549 factual determinations and credibility relating to the admissibility of the defendant’s statement at a Jackson v. Denno hearing will be upheld on appeal. [Cit.] Folson v. State, 278 Ga. 690 (2) ( 606 SE2d 262 ) (2004).

1991In Georgia, once the trial judge has conducted a Jackson v. Denno hearing and found the confession voluntary by a preponderance of the evidence, as [she] did here, it may go to the jury without the “preponderance of the evidence” instruction contended for when no such instruction was requested. [Cits.] There is no constitutional barrier to this procedure: “We . . . reject petitioner’s final contention that, even though the trial judge ruled in his coercion claim, he was en *165 titled to have the jury decide the claim anew.” Lego v. Twomey, 404 U. S. 477, 489 (1972). [Jackson v. State, 239 Ga.

1978Howard v. State, 141 Ga. App. 238 (1) ( 233 SE2d 58 ); Johnson v. State, 233 Ga. 58 ( 209 SE2d 629 ); Lego v. Twomey, 404 U. S. 477 (92 SC 619, 30 LE2d 618).