Legal Opinion

State v. Simmons

Supreme Court of Georgia

Decided April 12, 1990No. S90A0144PublishedCited by 19 opinions

1Opinion of the Court

Bell, Justice.

The state appeals from an order of the trial court suppressing a statement made by the appellee, Dwight L. Simmons. Simmons made the statement at a first-appearance hearing, see Uniform Rules for the Magistrate Courts (URMC) 13.1, at which he was not represented by counsel. The only issue on appeal is whether Simmons had a Sixth Amendment right to have counsel present at the first-appearance hearing. We find Simmons did not have such a right, and we therefore reverse the trial court’s ruling.

Following Simmons’ arrest for the murder of his aunt and uncle, he made four statements…

2Cases cited7 opinions

  1. Edwards v. ArizonaSupreme Court of the United States · 1981
  2. Brewer v. WilliamsSupreme Court of the United States · 1977
  3. Coleman v. AlabamaSupreme Court of the United States · 1970
  4. Michigan v. JacksonSupreme Court of the United States · 1986
  5. United States v. GouveiaSupreme Court of the United States · 1984

2 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Fortson v. StateSupreme Court of Georgia · 2000
  2. State v. CarterSupreme Court of Louisiana · 1995
  3. Rackoff v. StateSupreme Court of Georgia · 2006
  4. Wilbanks v. StateCourt of Appeals of Georgia · 2001
  5. O'KELLEY v. StateSupreme Court of Georgia · 2004

14 more not listed; retrieve them via the Exa API.

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