Frazier v. State
311 Ga. App. 293
Ga. Ct. App.2011Background
- Frazier was previously convicted of aggravated assault and possession of a firearm during a crime, which was reversed in Frazier I due to Miranda violation.
- In the retrial, the trial court held Frazier's custodial statements voluntary and admissible for impeachment, but not admissible in the case-in-chief.
- Frazier did not testify at the second trial, and the State did not present the custodial statements in its case-in-chief.
- A Jackson-Denno hearing occurred before the second trial to address voluntariness; the court found the statements voluntary and admissible for impeachment, reserving ruling on relevance and prejudice.
- On appeal, Frazier challenged the voluntariness ruling as violating Fifth and Sixth Amendment rights; the appellate court affirmed the trial court's voluntariness finding and held no error in denying his testimony.
- On motion for reconsideration, the court denied supplementation of the record with the videotape, noting duties of counsel and the record-keeping policy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the custodial statement was voluntary for impeachment | Frazier | State | Voluntary; admissible for impeachment |
| Whether admitting a voluntary custodial statement for impeachment violated Fifth/Sixth rights | Frazier | State | No violation; admissibility upheld due to voluntariness finding |
| Whether absence of the videotape record taints appellate review | Frazier | State | Record completeness not controlled by court; no basis to reverse |
Key Cases Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966) (custodial statements require warnings; Miranda violation limits use in chief)
- Linares v. State, 266 Ga. 812 (1996) (voluntariness standard governs impeachment use of statements)
- Kunis v. State, 238 Ga. App. 323 (1999) (burden to prove voluntariness by preponderance; appellate review of factual findings)
- Atwater v. State, 233 Ga. App. 339 (1998) (totality-of-the-circumstances test for voluntariness)
- Mullis v. State, 248 Ga. 338 (1981) (intoxication does not automatically render statements inadmissible)
- Shelby v. State, 265 Ga. 118 (1995) (appellate review of voluntariness findings after a hearing)
- Vergara v. State, 283 Ga. 175 (2008) (reaffirmed voluntariness framework post-Atwater/Kunis line)
- Frazier v. State, 298 Ga.App. 487 (2009) (reversed conviction for Miranda violation; duty to object and issue preservation)