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Drake v. State

Statements the defendant made to officers in his first interview, prior to being Mirandized, were properly obtained and admissible, since the defendant was not in custody at the time he made them.

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Appellant Jamere Drake was convicted of felony murder and related offenses in connection with the November 2011 shooting death of James Woods in downtown Savannah. Drake now appeals, contending that the trial court erred in admitting his statements to police, which he alleges were obtained through the use of improper interrogation techniques and in violation of Miranda v. Arizona, 384 U. S. 436 86 SCt 1602, 16 LE2d 694 1966. Finding no error, we affirm.1

Viewed in the light most favorable to the jury’s verdict, the evidence adduced at trial established as follows. In the early morning hours of November 19, 2011, James Woods, a taxi cab driver, was shot from behind and killed in the driver seat of his cab. A witness testified that, on the night in question, she returned to her home after midnight and noticed a taxi cab parked across the street. After going inside, she heard gunshots outside and saw the cab roll down the street and crash into a fence. The witness then saw a man on the passenger side of the car who appeared to be searching through the front seat of the cab. Another vehicle then approached, apparently startling the person, who ran from the scene. The witness called the police.

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