Legal Opinion

Licata v. State

Supreme Court of Georgia

Decided March 11, 2019No. S18G0563Published

1Opinion of the Court

305 Ga. 498

FINAL COPY S18G0563. LICATA v. THE STATE. PETERSON, Justice. We granted certiorari to consider what, if any, Miranda-type warning law enforcement must give before asking a suspect in custody to perform acts protected by Georgia’s right against compelled self-incrimination under Article I, Section I, Paragraph XVI of the Georgia Constitution of 1983 (“Paragraph XVI”), and whether a suspect in custody is entitled to the advice of counsel when asked to submit to a state-administered breath test. The first question rested on the premise that the suspect in this case, Michael Licata,…

2Cases cited11 opinions

  1. Berkemer v. McCartySupreme Court of the United States · 1984
  2. Howes v. FieldsSupreme Court of the United States · 2012
  3. Elliott v. StateSupreme Court of Georgia · 2019
  4. Olevik v. StateSupreme Court of Georgia · 2017
  5. Larry J. Sprosty v. Dan Buchler, Acting Warden, Racine Correctional Institution, and James E. Doyle, Attorney General of the State of WisconsinCourt of Appeals for the Seventh Circuit · 1996

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