Lanham v. State
Lanham v. State
Opinion of the Court
Appellant was indicted for the offense of entering an automobile, a violation of OCGA § 16-8-18. He was tried before a jury and a verdict of guilty was returned. Appellant’s motion for new trial was denied and he appeals from the judgment of conviction and sentence entered on the jury’s guilty verdict.
1. The trial court’s failure to grant appellant’s motion for new trial on the general grounds is enumerated as error. Appellant was a witness in his own defense and denied his guilt. However, when the evidence is viewed in a light most favorable to the verdict, it is more than sufficient to authorize a rational trior of fact to find proof of appellant’s guilt beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). See also Hall v. State, 172 Ga. App. 371 (323 SE2d 261) (1984); Shorter v. State, 169 Ga. App. 804 (315 SE2d 35) (1984).
The silence of an arrestee prior to his receipt of the Miranda warnings may be used by the State for purposes of impeachment. See Bennett v. State, 254 Ga. 162, 165 (4) (326 SE2d 438) (1985). In this case, however, the State did not use the evidence of appellant’s silence for impeachment purposes. The evidence was introduced in the State’s case-in-chief. Appellant cites Howard v. State, 237 Ga. 471, 473 (228 SE2d 860) (1976), as authority for the proposition that the State is precluded from using an arrestee’s silence in its case-in-chief regardless of whether or not the Miranda warnings had been given prior to that silence: “The right to remain silent when under police interrogation existed prior to Miranda, which dealt with the requirement of giving notice of that right. The defendant [in Howard, supra,] had the constitutional right to remain silent, whether or not he had been so informed via the Miranda warning.” (Emphasis supplied.) However, unlike the defendant in Howard v. State, supra, appellant’s silence prior to his receipt of the Miranda warnings was not silence in response to police interrogation. Although asked in a custodial setting, the arresting officer’s request for appellant’s name was not custodial interrogation. See White v. State, 168 Ga. App. 794, 796 (310 SE2d 540) (1983). See also OCGA § 17-4-27, which provides that the police have a duty to obtain the vital statistics of those whom they arrest.
We are aware of no case which unequivocally holds that the State may not introduce, in its case-in-chief, evidence that, immediately upon his arrest but prior to being given his Miranda warnings, the arrestee refused to respond to the non-interrogative request to supply
Judgment affirmed.
Concurring Opinion
concurring specially.
I would hold unequivocally that evidence of an arrestee’s refusal to respond to the arresting officer’s routine request to state his name is not an impermissible comment on his right to remain silent but is clearly admissible as a circumstance of the arrest.
Reference
- Full Case Name
- Lanham v. the State
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- 5 cases
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