Barrett v. State
289 Ga. 197
| Ga. | 2011Background
- Barrett was indicted for malice murder and concealment in the July 21, 2009 killing of his girlfriend Brittany Wade.
- After Wade's body was found, Barrett spontaneously said, It was an accident, in a patrol-car setting before any custodial arrest.
- Barrett was read Miranda rights and signed a written waiver during a police-station interview that lasted about an hour with inculpatory statements.
- Wells hired an attorney to assist Barrett during interrogation; police denied the attorney entry because Barrett was 21 and had not requested counsel.
- A forensic psychologist found Barrett competent to stand trial; the superior court denied the suppression motion and found Barrett capable of understanding Miranda rights.
- The superior court concluded Barrett twice understood and voluntarily waived his rights; the trial record shows capacity to comprehend and participate in questioning.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Voluntariness given mental disabilities | Barrett argues disabilities negate knowing waiver | State contends totality of circumstances shows understanding | Supreme Court affirmed denial of suppression; statements voluntary |
| Right to counsel given impairment | Barrett could not assert counsel due to impairment | Right to counsel is personal; not delegated; Barrett did not invoke | Right to counsel not violated; waiver/understanding supported |
| Admissibility of the initial non-custodial statement | Statement was custodial and should be suppressed after custodial concerns | Initial statement was spontaneous and not Miranda-triggered | Admissible as non-custodial/spontaneous; Miranda does not apply |
Key Cases Cited
- Canty v. State, 286 Ga. 608 (Ga. 2010) (voluntariness burden; preponderance standard)
- King v. State, 273 Ga. 258 (Ga. 2000) (totality of circumstances; cognitive impairment as factor)
- Griffin v. State, 285 Ga. 827 (Ga. 2009) (mental retardation not alone disqualifying; need capacity evidence)
- Height v. State, 281 Ga. 727 (Ga. 2007) (capacity to understand and waive rights; reliance on evidence)
- Billingsley v. State, 294 Ga. App. 661 (Ga. App. 2008) (judge fact-finding on cognitive ability; trial court factual determinations)
- Phillips v. State, 285 Ga. 213 (Ga. 2009) (spontaneous statements not bound by Miranda)
- Velazquez v. State, 282 Ga. 871 (Ga. 2008) (trial court factual findings reviewed for clear error)
- State v. Nash, 279 Ga. 646 (Ga. 2005) (clear error standard; de novo review of law)