Johnson v. State, 209 S.E.2d 629 (Ga. 1974). · Go Syfert
Johnson v. State, 209 S.E.2d 629 (Ga. 1974). Cases Citing This Book View Copy Cite
267 citation events (21 in the last 25 years) across 2 distinct courts.
Strongest positive: Capote v. State (ga, 2024-10-31)
Treatment trajectory · 1974 → 2026 · click a year to view as-of
1974 2000 2026
Top citers, strongest first. 15 distinct citers.
examined Cited as authority (rule) Capote v. State (5×)
Ga. · 2024 · confidence medium
Specifically, in Johnson v. State, 233 Ga. 58, 58 ( 209 SE2d 629 ) (1974), in reviewing a trial court’s factual findings regarding an “alleged confession made . . . during an in-custody interrogation by a law enforcement officer,” we stated: “Factual and credibility determinations of this sort made by a trial judge after a suppression hearing must be accepted by appellate courts unless such determinations are clearly erroneous.”5 of fact, and to determine the truth when the evidence is conflicting; this court will not disturb their finding, which was approved by the trial judge, if t…
examined Cited "see" Stamey v. State (4×)
Ga. Ct. App. · 1990 · signal: see · confidence high
See Johnson v. State, 233 Ga. 58 ( 209 SE2d 629 ); Megar v. State, 144 Ga. App. 564 ( 241 SE2d 447 ).
discussed Cited "see" Jothier v. State (2×)
Ga. Ct. App. · 1986 · signal: see · confidence high
See Johnson v. State, 233 Ga. 58 ( 209 SE2d 629 ) (1974).
discussed Cited "see" Birt v. State (2×)
Ga. Ct. App. · 1984 · signal: see · confidence high
See Johnson v. State, 233 Ga. 58 ( 209 SE2d 629 ) (1974); Ingram v. State, 137 Ga. App. 412 (1) ( 224 SE2d 527 ) (1976).
discussed Cited "see" Hightower v. State (2×)
Ga. Ct. App. · 1983 · signal: accord · confidence high
Accord, Mobley v. State, 164 Ga. App. 154 (4) ( 296 SE2d 617 ), wherein it was pointed out “the legality of the detention is simply one factor to be considered in determining whether or not the statement is voluntary.” “Factual and credibility determinations of this sort made by a trial judge after a suppression hearing must be accepted by appellate courts unless such determinations are clearly erroneous.” Johnson v. State, 233 Ga. 58 ( 209 SE2d 629 ).
discussed Cited "see" Kendrick v. State (2×)
Ga. Ct. App. · 1978 · signal: see · confidence high
See Johnson v. State, 233 Ga. 58 ( 209 SE2d 629 ) (1974); High v. State, 233 Ga. 153 (1) ( 210 SE2d 673 ) (1974).
examined Cited "see" Franklin v. State (4×)
Ga. Ct. App. · 1977 · signal: see · confidence high
See Lego v. Twomey, 404 U. S. 477 (92 SC 619, 30 LE2d 618) (1972), and United States v. Watson, 469 F2d 362 (5th Cir. 1972)." Johnson v. State, 233 Ga. 58 ( 209 SE2d 629 ) (1974).
discussed Cited "see" Little v. State (2×)
Ga. Ct. App. · 1977 · signal: see · confidence high
See Lego v. Twomey, 404 U. S. 477 (92 SC 619, 30 LE2d 618) (1972), and United States v. Watson, 469 F2d 362 (5th Cir. 1972).” Johnson v. State, 233 Ga. 58 ( 209 SE2d 629 ) (1974).
discussed Cited "see" Gamarra v. State (2×)
Ga. Ct. App. · 1977 · signal: see · confidence high
See Lego v. Twomey, 404 U. S. 477 (92 SC 619, 30 LE2d 618) (1972), and United States v. Watson, 469 F2d 362 (5th Cir. 1972).” Johnson v. State, 233 Ga. 58 ( 209 SE2d 629 ) (1974).
discussed Cited "see" Casteel v. State (2×)
Ga. · 1976 · signal: see · confidence high
See Johnson v. State, 233 Ga. 58 ( 209 SE2d 629 ) (1974), and High v. State, 233 Ga. 153 ( 210 SE2d 673 ) (1974).
discussed Cited "see, e.g." Tate v. State (2×)
Ga. · 1994 · signal: see, e.g. · confidence low
See, e.g., Johnson v. State, 233 Ga. 58 ( 209 SE2d 629 ) (1974); Huff v. State, 205 Ga. App. 557 ( 422 SE2d 664 ) (1992); Merriman v. State, 201 Ga. App. 817 ( 412 SE2d 598 ) (1991); Hamil v. State, 198 Ga. App. 869 ( 403 SE2d 828 ) (1991); Mallarino v. State, 190 Ga. App. 398 ( 379 SE2d 210 ) (1989); Watson v. State, 190 Ga. App. 696 ( 379 SE2d 817 ) (1989); O’Keefe v. State, 189 Ga. App. 519 ( 376 SE2d 406 ) (1988) and Lockwood v. State, 184 Ga. App. 262 ( 361 SE2d 195 ) (1987).
discussed Cited "see, e.g." Merriman v. State (2×)
Ga. Ct. App. · 1991 · signal: see also · confidence low
See also Johnson v. State, 233 Ga. 58 ( 209 SE2d 629 ) (1974); State v. Medders, 153 Ga. App. 680, 681 ( 266 SE2d 331 ) (1980).
discussed Cited "see, e.g." Mobley v. State (2×)
Ga. Ct. App. · 1982 · signal: compare · confidence low
Compare Johnson v. State, 233 Ga. 58 ( 209 SE2d 629 ) (1974) wherein a credibility issue was presented because of a conflict in the evidence as to whether or not the accused requested an attorney.
discussed Cited "see, e.g." Zant v. Wentworth (2×)
Ga. · 1982 · signal: see, e.g. · confidence low
See e.g., Johnson v. State, 233 Ga. 58 ( 209 SE2d 629 ) (1974).
discussed Cited "see, e.g." Welch v. State (2×)
Ga. · 1976 · signal: see also · confidence low
See also Johnson v. State, 233 Ga. 58 ( 209 SE2d 629 ) (1974); Lego v. Twomey, 404 U. S. 477 (1972).
Johnson
v.
the State
29118.
Supreme Court of Georgia.
Oct 17, 1974.
209 S.E.2d 629
Richard M. Nichols, for appellant., FredM. Hasty, District Attorney, Walker P. Johnson, Jr., Assistant District Attorney, Arthur K. Bolton, Attorney General, John W. Dunsmore, Jr., Deputy Assistant Attorney General, for appellee.
Gunter.
Cited by 128 opinions  |  Published
Gunter, Justice.

This appeal is from convictions for armed robbery and aggravated assault. One error is enumerated: "The trial court erred in ruling that the statement of the defendant was freely and voluntarily made after proper warning when the defendant asserts that he requested a lawyer before the statement was made.”

The only issue for decision is the admissibility of an alleged confession made by the appellant during an in-custody interrogation by a law enforcement officer. The trial judge conducted a Jackson-Denno hearing to determine whether the alleged confession should be excluded; the appellant testified that, after being advised of his rights, he requested a lawyer. The law enforcement officer testified that the appellant did not request a lawyer; therefore, whether to admit or exclude the incriminating evidence turns solely on the credibility of these two witnesses. The trial judge resolved this issue in favor of admissibility.

Factual and credibility determinations of this sort made by a trial judge after a suppression hearing must be accepted by appellate courts unless such determinations are clearly erroneous. See Lego v. Twomey, 404 U. S. 477 (92 SC 619, 30 LE2d 618) (1972), and United States v. Watson, 469 F2d 362 (5th Cir. 1972).

Upon a review of this record we hold that the decision of the trial judge in favor of admissibility was not clearly erroneous or an abuse of discretion.

Judgment affirmed.

All the Justices concur. [*59] Richard M. Nichols, for appellant. FredM. Hasty, District Attorney, Walker P. Johnson, Jr., Assistant District Attorney, Arthur K. Bolton, Attorney General, John W. Dunsmore, Jr., Deputy Assistant Attorney General, for appellee.