Statev.Burton
The State appealed the suppression of custodial statements made by sixteen-year-old Jeffrey Burton during a videotaped interrogation after his arrest for murder. The trial court found that Burton had invoked his right to remain silent and that the State had not shown a knowing and voluntary waiver of his Miranda rights. The Supreme Court of Georgia did not decide whether Burton’s invocation was clear, but affirmed the suppression ruling. It held that, considering the totality of the circumstances and the trial court’s factual and credibility findings, the State had not carried its heavy burden to prove a valid waiver. Justice Colvin concurred specially, and Justice LaGrua dissented.
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