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The Statev.Penny Anny Rosas

CourtCourt of Appeals of Georgia
Docket No.A15A1324
DecidedJanuary 9, 2017
Reporter298 Ga. 464
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureMirandaRight to CounselMotion to SuppressReversal
Case Summary

Penny Anny Rosas was questioned by law-enforcement officers about a homicide while in custody. The trial court suppressed statements made during the encounter, and the State appealed. The Court of Appeals had previously reached a different result, but the Georgia Supreme Court reinstated the case and remanded it in light of its intervening decision in State v. Andrade. Applying that law, the Court of Appeals held that the statement at issue was made before custodial interrogation and therefore did not require a Miranda warning at that point. The trial court consequently erred in suppressing the statement on that basis. The Court of Appeals reversed the suppression order. Two judges concurred.

Opinion

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The State V. Penny Anny Rosas — The Atlanta Gleaner