Legal Opinion

Howard v. State

Court of Appeals of Georgia

Decided November 13, 1986No. 72495PublishedCited by 8 opinions

1Opinion of the Court

Benham, Judge.

This appeal is from appellant’s conviction of burglary.

1. Appellant first enumerates as error the admission into evidence of a statement he made to police officers after his arrest. The basis of his argument is that the State did not bear its burden of proving that the statement was voluntary.

“In deciding the admissibility of a statement during a JacksonDenno hearing, the trial court ‘must consider the totality of the circumstances’ and must determine the admissibility of the statement under the ‘preponderance of the evidence’ standard. Unless the factual and credibility…

2Cases cited4 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Bankston v. StateSupreme Court of Georgia · 1983
  3. Fowler v. StateSupreme Court of Georgia · 1980
  4. Bankston v. StateCourt of Appeals of Georgia · 1984

3Cited by8 opinions

  1. Carter v. StateCourt of Appeals of Georgia · 1989
  2. Kincey v. StateCourt of Appeals of Georgia · 1989
  3. Hurston v. StateCourt of Appeals of Georgia · 1989
  4. Cobb v. StateCourt of Appeals of Georgia · 2005
  5. Mathews v. StateCourt of Appeals of Georgia · 1987

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