giving of Miranda warning (Georgia) · Go Syfert
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giving of Miranda warning in Georgia

8 Georgia opinions name it 2 courts 1984–2021 1 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Dye v. Stategreen
ind · 1999 · cited in 2 Georgia opinions naming this issue, 2004–2006
2 sentences

2006Dye v. State, 717 NE2d 5, 15-16 (Ind. 1999) (under circumstances, including having been transported to police *188 station in handcuffs pursuant to safety procedure, reasonable person would not have considered himself in custody so as to trigger the giving of Miranda warnings).

2004Dye v. State, 717 NE2d 5, 15-16 (Ind. 1999) (under circumstances, including having been transported to police station in handcuffs pursuant to safety procedure, reasonable person would not have considered himself in custody so as to trigger the giving of Miranda warnings).

22
Davis v. United Statesgreen
scotus · 1994 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021A suspect’s request for counsel must be made “sufficiently clearly that a reasonable police officer in the circumstances would understand the statement to be a request for an attorney” in order for the suspect to invoke his or her 13 Fifth Amendment right to counsel during a custodial interrogation following the giving of Miranda warnings.2 Davis v. United States, 512 U. S. 452, 459 (II) (114 SCt 2350, 129 LE2d 362) (1994).

2021A suspect’s request for counsel must be made “sufficiently clearly that a reasonable police officer in the circumstances would understand the statement to be a request for an attorney” in order for the suspect to invoke his or her 13 Fifth Amendment right to counsel during a custodial interrogation following the giving of Miranda warnings.2 Davis v. United States, 512 U. S. 452, 459 (II) (114 SCt 2350, 129 LE2d 362) (1994).

11
Aldridge v. Stategreen
ga · 1980 · cited in 1 Georgia opinions naming this issue, 1993–1993
2 sentences

1993"Miranda warnings are not limited to station-house interrogations as long as there is some significant deprivation of an individual's freedom of action. ..." Aldridge v. State, 247 Ga. 142, 144 (2) ( 274 SE2d 525 ) (1981).

1993"Miranda warnings are not limited to station-house interrogations as long as there is some significant deprivation of an individual's freedom of action. ..." Aldridge v. State, 247 Ga. 142, 144 (2) ( 274 SE2d 525 ) (1981).

11
Farley v. Stategreen
gactapp · 1978 · cited in 1 Georgia opinions naming this issue, 1988–1988
2 sentences

1988"We view the purpose of a Jackson-Denno hearing and the requirement for the giving of Miranda warnings, as one allowing 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 made by an individual and offered as a truthful but inculpatory admission against interest, and thus not violative of the constitutional prohibition of involuntary self-incrimination." (Emphasis supplied.) Farley v. State, 145 Ga. App. 98, 100 (1) ( 243 SE2d 322 ) (1978).

1988"We view the purpose of a Jackson-Denno hearing and the requirement for the giving of Miranda warnings, as one allowing 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 made by an individual and offered as a truthful but inculpatory admission against interest, and thus not violative of the constitutional prohibition of involuntary self-incrimination." (Emphasis supplied.) Farley v. State, 145 Ga. App. 98, 100 (1) ( 243 SE2d 322 ) (1978).

11
Williams v. Stategreen
ga · 1979 · cited in 1 Georgia opinions naming this issue, 1984–1984
2 sentences

1984See Jones v. State, 249 Ga., supra at p. 606; Williams v. State, 244 Ga. 485, 488 ( 260 SE2d 879 ) (1979) and cits.

1984See Jones v. State, 249 Ga., supra at p. 606; Williams v. State, 244 Ga. 485, 488 ( 260 SE2d 879 ) (1979) and cits.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
State v. Warmack green
gactapp · 1998
2 sentences

1999Moses moved to suppress the results of the blood test, arguing State v. Warmack, 230 Ga. App. 157 ( 495 SE2d 632 ) (1998), required the giving of Miranda warnings before requesting additional chemical tests.

1999Moses moved to suppress the results of the blood test, arguing State v. Warmack, 230 Ga. App. 157 ( 495 SE2d 632 ) (1998), required the giving of Miranda warnings before requesting additional chemical tests.

11999–1999
State v. O'DONNELL green
gactapp · 1997
2 sentences

1999We consider whether the rule established in State v. O’Donnell, 225 Ga. App. 502 ( 484 SE2d 313 ) (1997), requiring the post-arrest giving of Miranda warnings before administering field sobriety tests, also requires the giving of Miranda warnings before the state administered breath test.

1999We consider whether the rule established in State v. O’Donnell, 225 Ga. App. 502 ( 484 SE2d 313 ) (1997), requiring the post-arrest giving of Miranda warnings before administering field sobriety tests, also requires the giving of Miranda warnings before the state administered breath test.

11999–1999

Where else courts name it

IL 62 (1975–2026) TX 45 (1982–2015) WA 23 (1984–2014) CA 16 (1970–2023) MA 16 (1975–2019) FL 15 (1980–2011) PA 15 (1975–2021) OR 14 (1982–2019) AL 13 (1994–2014) NY 11 (1977–2000) MI 11 (1980–2020) TN 10 (1977–2025) IN 8 (1976–2017) MO 8 (1978–2017) GA 8 (1984–2021) ME 7 (1979–2001) AZ 7 (1978–2017) MD 6 (1976–2003) NM 6 (1983–2023) MS 6 (1980–1992) SC 5 (1996–2023) WV 5 (1979–2025) CT 5 (1986–2025) KS 5 (1983–2013) CO 4 (1976–2025) AR 4 (1995–2006) OK 4 (1986–1998) KY 4 (2014–2022) LA 4 (1981–2010) NJ 3 (1981–2000) VA 3 (1983–2001) RI 3 (1981–2006) OH 3 (1999–2005) SD 2 (1985–2006) AK 2 (1975–1975) NE 2 (2016–2016) VT 2 (1994–2021) WY 2 (1983–2005) ID 2 (2014–2020) NH 2 (1983–1987) ND 2 (1991–1998) WI 2 (1993–1997)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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