Hardeman v. State, 313 S.E.2d 95 (Ga. 1984). · Go Syfert
Hardeman v. State, 313 S.E.2d 95 (Ga. 1984). Cases Citing This Book View Copy Cite
104 citation events (16 in the last 25 years) across 2 distinct courts.
Strongest positive: The State v. Rosas (gactapp, 2017-01-09)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 31 distinct citers.
discussed Cited as authority (rule) The State v. Rosas
Ga. Ct. App. · 2017 · confidence medium
Accordingly, the trial court erred in suppressing Rosas’ statements on the basis of Miranda since the statements were “admissible as . . . statement[s] made prior to any in-custody interrogation.” Hardeman v. State, 252 Ga. 286, 288 (1) ( 313 SE2d 95 ) (1984) (citation omitted).
discussed Cited as authority (rule) Robinson v. State
Ga. · 2005 · confidence medium
The notice of appeal was filed on April 28,2004, the appeal was docketed on June 24,2004, and argued before the Court on October 12, 2004. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 See Jackson v. Denno, 378 U. S. 368 (84 SC 1774, 12 LE2d 908) (1964). 4 See Rhode Island v. Innis, 446 U. S. 291 (100 SC 1682, 64 LE2d 297) (1980); Metts v. State, 270 Ga. 481, 483-484 ( 511 SE2d 508 ) (1999); Hardeman v. State, 252 Ga. 286, 288 ( 313 SE2d 95 ) (1984).
cited Cited as authority (rule) Poole v. State
Ga. Ct. App. · 2004 · confidence medium
“Miranda warnings are not required simply because questioning takes place in a building containing jail cells.” (Citations omitted.) Hardeman v. State, 252 Ga. 286, 288 (1) ( 313 SE2d 95 ) (1984).
cited Cited as authority (rule) Mullins v. State
Ga. Ct. App. · 2004 · confidence medium
“Miranda warnings are not required simply because questioning takes place in a building containing jail cells.” (Citations omitted.) Hardeman v. State, 252 Ga. 286, 288 (1) ( 313 SE2d 95 ) (1984).
discussed Cited as authority (rule) Lewis v. State (2×)
Ga. Ct. App. · 2004 · confidence medium
"For Miranda to apply a person must be taken into custody or otherwise deprived of his freedom of action in any significant way." (Citations omitted.) Hardeman v. State, 252 Ga. 286, 288 (1), 313 S.E.2d 95 (1984).
discussed Cited as authority (rule) Taylor v. State
Ga. Ct. App. · 2003 · confidence medium
Eldridge and Mikell, JJ, concur. 1 Hadley v. State, 235 Ga. App. 737, 738 ( 510 SE2d 569 ) (1998). 2 See State v. Wintker, 223 Ga. App. 65, 66 ( 476 SE2d 835 ) (1996). 3 See Manchester v. State, 226 Ga. App. 653, 655 (1) ( 487 SE2d 449 ) (1997). 4 See State v. Brannan, 222 Ga. App. 372, 375 (2) (c) ( 474 SE2d 267 ) (1996). 5 See Vaughn v. State, 261 Ga. 686, 687 (2) ( 410 SE2d 108 ) (1991). 6 See Hendrix v. State, 230 Ga. App. 604, 605 (1) ( 497 SE2d 236 ) (1998). 7 See Hardeman v. State, 252 Ga. 286, 287-288 (1) ( 313 SE2d 95 ) (1984). 8 See Arrington v. State, 224 Ga. App. 676, 679-680 (3) (…
discussed Cited as authority (rule) Heidler v. State (2×)
Ga. · 2000 · confidence medium
Rushing v. State, 271 Ga. 102, 104 (2), 515 S.E.2d 607 (1999); Hardeman v. State, 252 Ga. 286, 288 (2), 313 S.E.2d 95 (1984).
cited Cited as authority (rule) Jackson v. State
Ga. · 2000 · confidence medium
See Hodges, supra; Hardeman v. State, 252 Ga. 286, 288 (1) ( 313 SE2d 95 ) (1984).
cited Cited as authority (rule) Hightower v. State
Ga. · 2000 · confidence medium
Hodges v. State, supra at 873 (2) ; Hardeman v. State, 252 Ga. 286, 287 (1) ( 313 SE2d 95 ) (1984).
cited Cited as authority (rule) Pollard v. State
Ga. Ct. App. · 1999 · confidence medium
Hardeman v. State, 252 Ga. 286, 288 (1) ( 313 SE2d 95 ) (1984); Carroll v. State, 208 Ga. App. 316, 317 (2) ( 430 SE2d 649 ) (1993).
cited Cited as authority (rule) Thompson v. State
Ga. Ct. App. · 1998 · confidence medium
Hardeman v. State, 252 Ga. 286, 288 (1) ( 313 SE2d 95 ) [(1984)]; Carroll v. State, 208 Ga. App. 316, 317 (2) ( 430 SE2d 649 ) [(1993)]. . . .
cited Cited as authority (rule) Hendrix v. State
Ga. Ct. App. · 1997 · confidence medium
Hardeman v. State, 252 Ga. 286, 288 (1) ( 313 SE2d 95 ); Carroll v. State, 208 Ga. App. 316, 317 (2) ( 430 SE2d 649 ).
discussed Cited as authority (rule) Manchester v. State (2×) also: Cited "see"
Ga. Ct. App. · 1997 · confidence medium
Hardeman v. State, 252 Ga. 286, 288 (1) ( 313 SE2d 95 ) (1984).
discussed Cited as authority (rule) State v. Brannan (2×)
Ga. Ct. App. · 1996 · confidence medium
“For Miranda to apply a person must be taken into custody or otherwise deprived of his freedom of action in any significant way. [Cits.]” Hardeman v. State, 252 Ga. 286, 288 (1) ( 313 SE2d 95 ) (1984).
cited Cited as authority (rule) Beam v. State
Ga. · 1995 · confidence medium
See Burgess v. State, 264 Ga. 777, 786 (26) ( 450 SE2d 680 ) (1994); Hardeman v. State, 252 Ga. 286, 288 (3) ( 313 SE2d 95 ) (1984).
cited Cited as authority (rule) Moses v. State
Ga. · 1994 · confidence medium
Hardeman v. State, 252 Ga. 286, 288 (1) ( 313 SE2d 95 ) (1984).
discussed Cited as authority (rule) Wilson v. State (2×)
Ga. Ct. App. · 1993 · confidence medium
Davis v. State, 242 Ga. 901 (5) ( 252 SE2d 443 ) (1979).” Hardeman v. State, 252 Ga. 286, 287 (1), 288 ( 313 SE2d 95 ).
discussed Cited as authority (rule) Moody v. State
Ga. Ct. App. · 1992 · confidence medium
“For Miranda to apply a person must be taken into custody or otherwise deprived of his freedom of action in any significant way. [Cits.] Miranda warnings are not required simply because questioning takes place in a building containing jail cells. [Cits.]” Hardeman v. State, 252 Ga. 286, 288 (1) ( 313 SE2d 95 ) (1984).
cited Cited as authority (rule) Thompson v. State
Ga. Ct. App. · 1989 · confidence medium
The defendant’s statement was admissible as a statement made prior to any in-custody interrogation. [Cit.]” Hardeman v. State, 252 Ga. 286, 288 ( 313 SE2d 95 ) (1984).
discussed Cited as authority (rule) Nobles v. State
Ga. Ct. App. · 1989 · confidence medium
The cases cited by the State are inapposite either because the statement sought to be suppressed was given by a defendant not read his Miranda rights because he was not yet in custody although present in a police station or jail house, see Hardeman v. State, 252 Ga. 286, 287-288 (1) ( 313 SE2d 95 ) (1984), or was given by a defendant who was read an incomplete list of his rights unnecessarily because he was not in custody, but who nevertheless voluntarily *597 waived the rights he was read.
cited Cited as authority (rule) Leach v. State
Ga. · 1989 · confidence medium
Hardeman v. State, 252 Ga. 286, 287-288 (1) ( 313 SE2d 95 ) (1984); Woods v. State, 242 Ga. 277, 280-281 ( 248 SE2d 612 ) (1978). 5.
cited Cited as authority (rule) Meier v. State
Ga. Ct. App. · 1989 · confidence medium
Such objection as to the other witnesses was waived for “[a]n objection not raised at trial is waived.” Hardeman v. State, 252 Ga. 286, 288 (2) ( 313 SE2d 95 ) (1984).
cited Cited as authority (rule) Fancher v. State
Ga. Ct. App. · 1989 · confidence medium
Hardeman v. State, 252 Ga. 286, 288 ( 313 SE2d 95 ) (1984).
cited Cited as authority (rule) Lobdell v. State
Ga. · 1987 · confidence medium
“Miranda warnings are not required simply because questioning takes place in a building containing jail cells.” Hardeman v. State, 252 Ga. 286, 288 (1) ( 313 SE2d 95 ) (1984).
cited Cited as authority (rule) Williams v. State
Ga. Ct. App. · 1986 · confidence medium
Hardeman v. State, 252 Ga. 286, 288 (2) ( 313 SE2d 95 ). 3.
discussed Cited as authority (rule) Baxter v. State (2×) also: Cited "see"
Ga. Ct. App. · 1985 · confidence medium
“An objection not raised at trial is waived. [Cit.]” Hardeman v. State, 252 Ga. 286, 288 ( 313 SE2d 95 ) (1984). 4.
cited Cited as authority (rule) Sloan v. State
Ga. Ct. App. · 1984 · confidence medium
Hardeman v. State, 252 Ga. 286, 288 (2) ( 313 SE2d 95 ).
discussed Cited "see" McClendon v. State (2×)
Ga. Ct. App. · 2003 · signal: see · confidence high
See Hardeman v. State, 252 Ga. 286, 288 (1) ( 313 SE2d 95 ) (1984).
examined Cited "see" Hodges v. State (4×)
Ga. · 1995 · signal: see · confidence high
See generally Hardeman v. State, 252 Ga. 286 ( 313 SE2d 95 ) (1984) (defendant is not in custody because he accompanies police to stationhouse); Ingle v. State, 123 Ga. App. 56 ( 179 SE2d 305 ) (1970) (defendant not in custody when questioned in his house even though police were armed with search warrant). 3.
examined Cited "see" Carroll v. State (4×)
Ga. Ct. App. · 1993 · signal: accord · confidence high
Accord Hardeman v. State, 252 Ga. 286, 288 (1) ( 313 SE2d 95 ) (1984).
discussed Cited "see" Brinson v. State (2×)
Ga. Ct. App. · 1989 · signal: accord · confidence high
Accord Hardeman v. State, 252 Ga. 286, 288 (1) ( 313 SE2d 95 ) (1984).
Hardeman
v.
the State
40430.
Supreme Court of Georgia.
Mar 14, 1984.
313 S.E.2d 95
Payne & Hendricks, Ben F. Hendricks, for appellant., John T. Strauss, District Attorney, Michael J. Bowers, Attorney General, Paula K. Smith, Staff Assistant Attorney General, for appellee.
Hill.
Cited by 49 opinions  |  Published
Hill, Chief Justice.

The defendant was found guilty of the rape and felony murder of Lisa Hart and was sentenced to life imprisonment for the felony murder. [1]

The evidence authorized the jury to find that the victim and several friends went to a nightclub on the evening of August 29,1982. The defendant was also at the club and was wearing dark pants and a dark shirt with a white towel draped around his neck. Around 12:45 a.m. the victim left the club with a girl friend who had promised her a ride home. As the women were leaving, the defendant, a neighbor of the victim, asked for a ride. The driver agreed and the defendant got into the back seat of the car. After they bought gas, they stopped in front of a neighbor’s house. At this time, the defendant got out of the car. After about twenty minutes the driver’s boyfriend arrived. The victim then got out of the car and walked up the road toward her house.

Around 2:00 a.m., several neighbors heard screams, but ignored[*287] them. They heard more noise about thirty minutes later and went outside to see what had happened. The defendant was seen running from the direction of his house yelling that the victim was dead. The victim was found in a ditch by the road wearing only a blouse which was unbuttoned and pulled up to her arms. The body was cold to the touch, so the victim’s father and the defendant ran to call the police and to get a sheet to cover the body.

When the police arrived at approximately 3:00 a.m. a number of people were present. The police found a white towel, a pair of pants, a pair of shoes, beads and a pair of panties in the vicinity of the body. [2] The autopsy revealed that the victim was five and one-half months pregnant and had been raped. From the wide band of bruising on the neck, the medical examiner determined that the victim died as a result of asphyxiation, secondary to strangulation caused by the use of a mechanical instrument, such as a towel. After the police gathered the evidence from the scene of the crime, the investigating officer asked potential witnesses to come to the county jail to make statements.

1. The defendant claims the trial court erred in allowing in evidence a statement obtained without Miranda warnings. In this statement, his first, the defendant denied being inside the club that evening and denied having had a white towel with him. The defendant claims he should have received Miranda warnings because he was questioned at the jail where there were armed police and he was told not to leave. We do not agree. The defendant came to the county jail with the other potential witnesses at the request of the investigating officer. The officer stated that he felt that he could control the situation better in his office and could tape the statements. The police offered rides to those witnesses who did not have transportation to the jail. The defendant agreed to assist in the investigation and obtained a ride to the jail with one of the others present. At the jail, the witnesses sat in the front lobby or on the front steps and were called individually to the investigator’s office for questioning. After being questioned, each person was told to stay close to the jail. After each session, the defendant left the investigator’s office and returned to the lobby on his own where the others, including some of the defendant’s relatives, were sitting.

The defendant made four statements to the police. The first statement, given without Miranda warnings and to which the defendant objects, was made before the defendant became a suspect.[*288] The defendant was treated like all the other potential witnesses until he became a suspect, at which time Miranda warnings were given. For Miranda to apply a person must be taken into custody or otherwise deprived of his freedom of action in any significant way. Shy v. State, 234 Ga. 816 (1) (218 SE2d 599) (1975); Miranda v. Arizona, 384 U. S. 436, 444 (86 SC 1602, 16 LE2d 694) (1966). Miranda warnings are not required simply because questioning takes place in a building containing jail cells. Woods v. State, 242 Ga. 277, 280-281 (248 SE2d 612) (1978); Oregon v. Mathiason, 429 U. S. 492, 495 (97 SC 711, 50 LE2d 714) (1977).

Defendant relies on United States v. Jones, 352 FSupp. 369,378 (S. D. Ga. 1972), for the proposition that whether a person is deprived of his freedom is determined by such person’s subjective feeling and the nature of police intentions and actions in light of the surrounding circumstances. Defendant urges that he felt he was deprived of his freedom. Once he arrived at the jail, the defendant (knowing he was guilty) may have regretted going there and may have wished he could leave without thereby arousing suspicion. Nevertheless, there is no indication that the defendant had been taken into custody or otherwise deprived of his freedom of action in any significant way by action of the officers when he made his first statement to the police. The defendant’s statement was admissible as a statement made prior to any in-custody interrogation. Davis v. State, 242 Ga. 901 (5) (252 SE2d 443) (1979).

2. The defendant claims the trial court erred in allowing into evidence his statements obtained as the result of an illegal arrest. No challenge by motion to suppress or objection was made at trial to the admission of any of defendant’s statement on the grounds of an illegal arrest. An objection not raised at trial is waived. Willis v. State, 249 Ga. 261 (4) (290 SE2d 87) (1982). Moreover, we have determined in Division 1, above, that the defendant was not arrested at the time he contends he was.

3. The defendant claims the trial court improperly refused to charge the jury on voluntary manslaughter. “A person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and [sic] if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person....” OCGA § 16-5-2(a); compare former Code § 26-1102. The defendant claims the evidence required a charge on voluntary manslaughter because the state introduced evidence showing a violent and passionate struggle. The “passion” referred to in OCGA § 16-5-2(a) (Code Ann. § 26-1102) is not sexual desire. The evidence introduced by the state shows the[*289] victim’s resistance and lack of consent to sexual intercourse. There is no evidence of any provocation so as to warrant a charge on voluntary manslaughter. Swett v. State, 242 Ga. 228, 230 (248 SE2d 629) (1978).

Decided March 14, 1984. Payne & Hendricks, Ben F. Hendricks, for appellant. John T. Strauss, District Attorney, Michael J. Bowers, Attorney General, Paula K. Smith, Staff Assistant Attorney General, for appellee.

Judgment affirmed.

All the Justices concur.
1

The defendant was found guilty on October 22,1982. Motion for new trial was timely filed and the transcript was prepared and filed on March 15, 1983. The unamended motion for new trial was heard and overruled on June 14. Notice of appeal was timely filed and the record was docketed here on October 18. The case was submitted for decision by this court on December 2, 1983.

2

After daylight, and before the defendant was charged, his billfold was found in the same area.