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Nowell v. State

Although officers told the defendant during his custodial interrogation that they would advise the prosecution of his cooperation, this did not constitute a hope of benefit sufficient to render the defendant's statements inadmissible.

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Derrick Donta Nowell appeals after a jury found him guilty of possession of cocaine with intent to distribute. Nowell contends that the statements he made to officers after his arrest were not voluntary because they were induced by a hope of benefit. Nowell also argues that the trial court erred in denying his motion in limine to redact from his statement references to previous drug transactions. After reviewing the record, we conclude there was no error and affirm. Nowell was arrested during a Georgia Bureau of Investigation drug task force project involving undercover drug sales. After Nowell’s arrest for selling cocaine, he was taken to a local processing center where he was initially interviewed by a GBI agent and an Athens-Clarke County police detective. Nowell was read his Miranda rights and signed the waiver of rights form.

Nowell was then asked, “having all those Miranda rights in mind, are you willing to talk to us” Nowell answered, “Um hum, if you all are willing to work with me” The officer responded, “We’re willing to talk, we’re not gonna make you any promises. Let’s be clear on that, we can’t promise anything. But, we’re certainly willing to talk with you.” The officers later encouraged Nowell to “man up. . . own up to it if that’s what happened.” Nowell again asked officers to “help him out” and an officer again said, “I can’t make you any promises . . . but it would certainly go a long way for you to help us out.”

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