The Statev.Penny Anny Rosas
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.
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