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Rashid v. State
292 Ga. 414
| Ga. | 2013
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Background

  • Rashid was convicted of malice murder for strangling his daughter Kanwal in 2008 in Clayton County, Georgia.
  • Evidence included Rashid’s videotaped statement to family after police interrogation and subsequent trial admissibility of the tape and transcript.
  • The State granted immunity to Rashid’s three sons; they testified they did not kill Kanwal and some were not at home during the killing.
  • Rashid’s earlier police interrogation was suppressed for Miranda purposes; later, the family interception occurred with Rashid present and speaking in Urdu/Punjabi.
  • Rashid appealed on multiple grounds: sufficiency of evidence, immunity timing/breadth, admissibility of videotape and transcript, jury instructions, and whether statements were admissions vs. confessions.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Was the evidence sufficient for malice murder? Rashid Rashid Evidence sufficient to support conviction
Did the trial court properly grant immunity to Rashid's sons and was the timing/preclusion reversible error? Rashid Rashid No standing and no reversible prejudice; immunity proper
Was the videotaped family-conversation admissible as a Fourth Amendment violation? Rashid Rashid No Fourth Amendment violation; no reasonable expectation of privacy in police interview context
Was the videotaped family conversation admissible as fruit of the prior Miranda violation? Rashid Rashid Fruit-of-the-poisonous-tree doctrine did not bar admission
Were the transcript and interpreter usage proper; and were jury instructions on admissions appropriate, including assisted-suicide considerations? Rashid Rashid Transcript use limited and proper; assisted-suicide instruction not warranted; admissions vs confessions instruction not reversible

Key Cases Cited

  • Jackson v. Virginia, 443 U. S. 307 (U.S. 1979) (sufficiency standard for proving guilt beyond a reasonable doubt)
  • Burgeson v. State, 267 Ga. 102 (1996) (police car privacy analysis; no reasonable expectation of privacy in patrol car)
  • Preston v. State, 282 Ga. 210 (2007) (privacy and interrogation context; factors affecting reasonableness of expectation)
  • Teal v. State, 282 Ga. 319 (2007) (fruit of the poisonous tree; attenuation and intervening causes)
  • Wong Sun v. United States, 371 U.S. 471 (1963) (fruit-of-the-poisonous-tree doctrine; need for attenuation)
  • Taylor v. State, 274 Ga. 269 (2001) (limits on admissibility and methodology of transcript use)
  • Miranda v. Arizona, 384 U.S. 436 (1966) (requirements of custodial interrogation warnings)
  • Final Exit Network, Inc. v. State of Ga., 290 Ga. 508 (2012) (statutory provisions restricting assisted-suicide prosecutions)
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Case Details

Case Name: Rashid v. State
Court Name: Supreme Court of Georgia
Date Published: Jan 22, 2013
Citation: 292 Ga. 414
Docket Number: S12A1698
Court Abbreviation: Ga.