Legal Opinion
State v. Wintker
Court of Appeals of Georgia
Decided October 3, 1996No. A96A1568PublishedCited by 27 opinions
1Opinion of the Court
Beasley, Chief Judge.
The State appeals the trial court’s order suppressing a statement made by Wintker to police for failure to give “Miranda warnings.”
In reviewing such a ruling, factual and credibility determinations will not be disturbed on appeal unless clearly erroneous. Pless v. State, 218 Ga. App. 603 (1) (462 SE2d 472) (1995); State v. Louis, 185 Ga. App. 529, 530 (364 SE2d 896) (1988). Accordingly, the record shows that Davis was stopped for driving 81 mph in a 55 mph zone. The officer discovered Davis’s license was suspended and asked him to exit the car. He was arrested and placed…
2Cases cited21 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Terry v. OhioSupreme Court of the United States · 1968
- Berkemer v. McCartySupreme Court of the United States · 1984
- Shy v. StateSupreme Court of Georgia · 1975
- Reinhardt v. StateSupreme Court of Georgia · 1993
16 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- People v. MathenySupreme Court of Colorado · 2002
- Turner v. StateCourt of Appeals of Georgia · 1998
- State v. PierceCourt of Appeals of Georgia · 2004
- Smith v. StateCourt of Appeals of Georgia · 2003
- Brown v. StateCourt of Appeals of Georgia · 1996
22 more not listed; retrieve them via the Exa API.