Legal Opinion

Franks v. State

Court of Appeals of Georgia

Decided December 11, 2009No. A09A2030PublishedCited by 3 opinions

1Opinion of the Court

Phipps, Judge.

After a jury trial, Andre Franks was convicted of numerous sexual offenses. On appeal, Franks maintains that a law enforcement officer gave testimony constituting an improper and prejudicial comment upon his right to remain silent and that the trial court erred by refusing to grant his motion for mistrial, which was based upon that officer’s testimony. Franks has failed to show that the trial court abused its discretion by denying the motion, and we affirm.

In the state’s direct case, a county police department detective assigned to investigate the reported incidents recounted…

2Cases cited6 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Durden v. StateSupreme Court of Georgia · 1982
  3. Whitaker v. StateSupreme Court of Georgia · 2008
  4. Rowe v. StateSupreme Court of Georgia · 2003
  5. Wallace v. StateSupreme Court of Georgia · 2000

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

3Cited by3 opinions

  1. Hanson v. StateCourt of Appeals of Georgia · 2010
  2. Maldonado v. StateCourt of Appeals of Georgia · 2012
  3. Davis v. the StateCourt of Appeals of Georgia · 2014

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