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The Statev.Hinton

CourtSupreme Court of Georgia
Docket No.S20A0648
DecidedAugust 10, 2020
Reporter309 Ga. 457
JudgesSupreme Court of Georgia
Tags
CriminalCriminal ProcedureEvidenceRight to CounselDue ProcessPreservation of ErrorAppellate Procedure
Case Summary

The trial court suppressed statements Evontae Hinton made to a detective after Hinton invoked his right to remain silent. The State appealed, arguing that Hinton had reinitiated the conversation and voluntarily waived that right. The Georgia Supreme Court affirmed. The court held that the State bore the burden of proving voluntariness by a preponderance of the evidence and that the trial court was entitled to resolve disputed facts and assess the detective’s credibility. The detective was the State’s only witness at the suppression hearing, and his testimony did not require the trial court to find that Hinton had reinitiated communication. The detective acknowledged that he continued discussing the investigation immediately after Hinton said he did not want to talk. Because the State did not show a valid reinitiation and waiver, the suppression order remained in effect.

Opinion

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