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Ellis v. State

The defendant unequivocally requested to call his attorney while a detective was reading him his Miranda rights, and the trial court erred in admitting the statements the defendant gave the detective after he invoked his right to counsel.

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Following a jury trial, Raymond Charles Ellis, Jr. was convicted of possession of a firearm during the commission of a crime OCGA § 16-11-106 b 1, theft by receiving stolen property OCGA § 16-8-7 a, obstructing an officer OCGA § 16-10-24 a, and driving on a suspended license OCGA § 40-5-121 a. Ellis appeals from the denial of his motion for new trial, contending that the trial court erred in admitting his custodial statements into evidence because the statements were obtained after he clearly invoked his right to counsel. For the reasons that follow, we reverse.

Viewing the evidence in the light most favorable to the jury verdict,1 the evidence shows that the victim drove to the Southern Springs apartment complex in Morrow to purchase a dog. The victim had a friend follow him to the location. Upon arriving at the apartment complex, the victim was directed to go to the back of a building to find the dog. When the victim did not find the dog, he walked back to his car. Three individuals then approached the victim, and one of the individuals cocked a pistol and pointed it at the victim. The victim got on the ground, and the assailants took the victim’s wallet, which held approximately $1,160 in cash, and the victim’s cell phone. Ellis and some of the assailants then got into the victim’s car.

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