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Yancey v. State

The trial court properly permitted the State's witnesses to testify about the defendant's exercise of his right to remain silent based on his refusal to draw a diagram of the murder scene during his initial, voluntary visit to the police station, since he was not in custody and had not been given Miranda warnings at that time.

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Appellant Derrick Yancey was tried by a DeKalb County jury and convicted of the murder of his wife, Lynda Yancey,1 the murder of a day laborer whom Appellant had employed, Marcial Puluc, and the unlawful possession of a firearm during the commission of a felony. On appeal, Appellant contends that the trial court erred when it admitted testimony at trial and allowed the prosecuting attorney to make arguments in summation that referred to Appellant having exercised his right to remain silent, that he was denied the effective assistance of counsel to the extent that his lawyers failed to object to such testimony and argument, and that the trial court erred when it refused at a hearing on his motion for new trial to hear expert testimony that he offered in support of another claim of ineffective assistance. Upon our review of the record and briefs, we see no error, and we affirm.2

1. Viewed in the light most favorable to the verdict, the evidence shows that Appellant and Ms. Yancey were having marital problems in early 2008, and Appellant had been talking about a divorce. On June 8, Appellant—who was employed as a DeKalb County deputy sheriff—called and informed his supervisor that he would not be available to work on the following day because “he had something to do.” On the morning of June 9, Appellant went to a place where day laborers frequently gathered to seek employment, and he hired Puluc—a native of Guatemala who spoke no English and had been in the United States for only about a month—to do some work at the home that Appellant and Ms. Yancey shared.

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