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Lonnie Thompsonv.The State

CourtCourt of Appeals of Georgia
Docket No.A17A1628
DecidedMarch 7, 2018
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureMirandaIneffective Assistance of CounselMotion to SuppressVacaturRemandDissent
Case Summary

Lonnie Thompson was convicted of burglary, armed robbery, and aggravated assault after a home invasion. He argued that his confession was induced by a promise of probation, resulted from an illegal detention, and should have been suppressed, and that counsel was ineffective for failing to investigate or litigate those issues. The Georgia Court of Appeals held that the trial court properly found that the confession was not induced by a promise of benefit and that counsel was not ineffective for failing to call the proposed witness. The court nevertheless vacated the order denying a new trial because the trial court’s findings were insufficient to permit review of whether a suppression motion based on the alleged illegal detention would have succeeded. It remanded for additional findings under the governing framework. A judge dissented, reasoning that the existing record showed the trial court had applied the correct standard, found that Thompson had been properly advised of his rights and lawfully held, and adequately rejected the ineffective-assistance claim.

Opinion

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