Legal Opinion

Jenkins v. State

Supreme Court of Georgia

Decided November 2, 2023No. S23A0534PublishedCited by 10 opinions

1Opinion of the Court

317 Ga. 585

FINAL COPY S23A0534. JENKINS v. THE STATE. PETERSON, Presiding Justice. The question in this case is whether Larry Jenkins’s unequivocal statement that he would not talk to law enforcement without a lawyer was a valid invocation of his Miranda1 rights. Agreeing with the State, the trial court concluded that the statement came at a time that Jenkins was not being interrogated and at which no interrogation was imminent, and thus it was “anticipatory” and invalid under a line of precedent from several federal courts of appeals. We need not decide here whether that line of precedent is…

2Cases cited57 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Edwards v. ArizonaSupreme Court of the United States · 1981
  4. Jackson v. DennoSupreme Court of the United States · 1964
  5. Arizona v. FulminanteSupreme Court of the United States · 1991

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3Cited by10 opinions

  1. Hayes v. StateSupreme Court of Georgia · 2024
  2. State v. TRIPP (And Vice Versa)Supreme Court of Georgia · 2024
  3. Watkins v. StateSupreme Court of Georgia · 2025
  4. Gonzalez v. StateSupreme Court of Georgia · 2024
  5. McIver v. StateSupreme Court of Georgia · 2025

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