Simmons v. State, 291 Ga. 664

Simmons was convicted after a jury trial of malice murder, felony murder, aggravated assault, theft by taking, possession of a firearm during a crime, and possession of a knife during a crime.
Evidence included a shotgun found in a pond, muddy sweat pants, and Converse shoes linking Simmons to the crime scene.
Simmons gave statements to police at the scene and later at the sheriff’s department after receiving Miranda warnings.
The State introduced admissions made during custodial interrogation and at a first appearance hearing.
A pre-trial motion for a continuance was argued but the transcript and record show no proper continuance motion was made or ruled on.
Simmons raised claims of ineffective assistance of counsel, delay in filing a motion for new trial, and failure to review his case file; the trial court denied relief and the appeal followed.
Ultimately, an interlocutory appeal and new trial proceedings occurred, with the initial panel dismissed and a new jury selected for trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was Simmons’s confession voluntary?	Simmons contends coercion rendered statements inadmissible.	State argues Miranda warnings and voluntariness support admissibility.	Statements were voluntary; no error in admission.
Was the first appearance confession admissible?	Simmons claimed denial of counsel at a critical stage required suppression.	O’Kelley overruled earlier rule; emergence of counsel right at appearance.	Admission of guilt at first appearance wasn't error.
Was there an improper continuance denial?	Simmons cites lack of voir dire transcript impacting trial readiness.	No continuance motion; counsel chose to proceed.	No merit; no ruling to review.
Did trial counsel render ineffective assistance due to delays and file review?	Delay prejudices appeal and failure to reveal full file harmed defense.	Delay not prejudicial; no demonstrated prejudice from file review.	No reversible prejudice; claims fail.

Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for evidence review)
Bright v. State, 265 Ga. 265 (Ga. 1995) (trial court factual findings respected on admissibility)
Johnson v. State, 289 Ga. 498 (Ga. 2011) (voluntariness and counsel rights framework)
O’Kelley v. State, 278 Ga. 564 (Ga. 2004) ( Sixth Amendment counsel attachment at initial appearance; overruled earlier view)
State v. Davison, 280 Ga. 84 (Ga. 2005) (voluntary statements not in response to custodial interrogation admissible)
Rhode Island v. Innis, 446 U.S. 291 (U.S. 1980) (standard for coerced or voluntary statements)