Brown v. State
290 Ga. 865
| Ga. | 2012Background
- Appellant Brown, age 19, was suspected of molesting a four-year-old in his home.
- Interview occurred at Effingham County Sheriff's Office in a non-custodial setting; he could leave anytime.
- Officers told Brown that he would go home after the interview regardless of what he said.
- Brown confessed after officers used several techniques and after a period of encouragement.
- Miranda warnings were read when Brown was in custody; he waived rights and provided incriminating statements.
- After arrest, Brown was indicted for aggravated sodomy, aggravated child molestation, child molestation, and felony sexual battery; the trial court excluded his confession under OCGA § 24-3-50; the Court of Appeals reversed; the Supreme Court granted review.
- The Court held that a promise to go home after questioning does not, by itself, render a confession involuntary under OCGA § 24-3-50, as long as no promise of no charges or reduced punishment is made.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a promise of returning home constitutes a 'hope of benefit' under OCGA § 24-3-50. | Brown asserts the statements created a hope of benefit. | State argues it was collateral and not a promise of lighter punishment. | No; not a 'hope of benefit' to the extent no charge/sentence promise was made. |
Key Cases Cited
- Turner v. State, 203 Ga. 770, 48 S.E.2d 522 (1948) (Georgia Supreme Court 1948) (promises related to reduced punishment suffice for exclusion under OCGA 24-3-50)
- White v. State, 266 Ga. 134, 465 S.E.2d 277 (1996) (Georgia Supreme Court 1996) (benefit must relate to charge or sentence to be excluded)
- Foster v. State, 283 Ga. 484, 660 S.E.2d 521 (2008) (Georgia Supreme Court 2008) (reward of facing no charges is impermissible under OCGA 24-3-50)
- In the Interest of D.T., 294 Ga.App. 486, 669 S.E.2d 471 (2008) (Georgia Court of Appeals 2008) (collateral benefit like 'drive home' is not excluded by 24-3-50)
- Smith v. State, 269 Ga.App. 133, 603 S.E.2d 445 (2004) (Georgia Court of Appeals 2004) (home-related statements not necessarily excluding under 24-3-50)
- Brown v. State, 278 Ga. 724, 609 S.E.2d 312 (2004) (Georgia Supreme Court 2004) (periodic statements of imminent release insufficient to render confession involuntary)
- Richardson v. State, 265 Ga.App. 711, 595 S.E.2d 565 (2004) (Georgia Court of Appeals 2004) (promise of no charges at all consistent with collateral benefit distinction)