Our client was convicted in the Whitfield County Superior Court of aggravated assault and sentenced to serve 7 years in prison.
On appeal, we argued that the police interrogation was unlawful as the client had clearly invoked his right to counsel, however, the police ignored his request and continued to interview him without an attorney present. The Georgia Court of Appeals agreed, concluding that once a person requests an attorney, the police must immediately terminate the interview. If the police continue to question an individual after he invokes his right to an attorney, any statements made will be suppressed. Thus, the client’s conviction was reversed and he was granted a new trial. At the new trial, the prosecution would be prohibited from using the client’s statements made during the police interview.
Categories | Appeals,