Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

State v. Philpot

The trial court properly granted the defendant's motion to suppress his confession to crimes associated with a murder and four aggravated assaults during an armed robbery, because he had unequivocally invoked his right to counsel and had not thereafter reinitiated conversation with the officers or waived his right to counsel.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

On September 26, 2012, Brandon Philpot and Travis Yarbrough were arrested for crimes associated with the shooting death of Aaron Holloway and the aggravated assault of four other victims during an armed robbery on September 28, 2010. After his arrest, Philpot, who had been identified in a photo line-up by one of the victims, was questioned for about an hour by Detectives David Quinn and Brett Zimbrick of the Atlanta Police Department, starting in an interview room at the police station and then continuing outside so Philpot could smoke a cigarette. The entire interview was audio recorded, apparently surreptitiously, with a device Detective Quinn had on his person. Near the end of the interview, Philpot admitted that he helped Yarbrough commit the crimes by holding one of the victims at gunpoint. Philpot never signed a written waiver of his rights. On December 14, 2012, Philpot and Yarbrough were indicted for murder and numerous other crimes.

On November 24, 2014, Philpot filed a motion to suppress the statement he gave when interrogated by the detectives. The trial court held an evidentiary hearing on June 3 and 5, 2015, at which the audio recording of the interview was admitted into evidence and Detective Quinn and Philpot testified. On June 22, 2015, the trial court granted the suppression motion, ruling that Philpot had unequivocally invoked his right to counsel and had not thereafter reinitiated conversation with the officers or waived his right to counsel. The State filed a timely notice of appeal. See OCGA § 5-7-1 a 4; State v. Andrade, 298 Ga. 464, 467 782 SE2d 665 2016. We affirm the trial court’s decision.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
Litigation Attorney

Educational law firm seeks highly motivated Litigation Associate admitted in New Jersey with 3-6 years of first chair trial litigation exper...


Apply Now ›
LITIGATION ASSOCIATE

McCarter & English, LLP is actively seeking a junior to midlevel litigation associate for its office located in Wilmington, DE. Two to f...


Apply Now ›
Intellectual Property Patent Prosecution Associate - Multiple Offices

Boston, MA; Minneapolis, MN; New York, NY; Philadelphia, PA; Pittsburgh, PA; Princeton, NJ; Washington, D.C.; West Palm Beach, FL Descriptio...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
Go to Professional Announcements