Fife v. State

The 4-year-old victim's testimony that the defendant touched her on her front private, under her clothes, supported his child molestation conviction.

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David Fife appeals his conviction of molesting a four-year-old girl. He contends the evidence was insufficient to support the jury’s verdict and that the trial court erred by admitting as evidence his statement to police. 1. Fife contends the trial court erred by denying his motion to suppress the in-custody statement he made after waiving his rights under Miranda v. Arizona, 384 U.436 86 SC 1602, 16 LE2d 694 1966. He argues his statement was not knowingly and voluntarily given and that he did not understand his Miranda rights because he lacked the mental capacity to understand.

The court held a Jackson-Denno hearing regarding the admissibility of the statement. The evidence presented at the hearing showed that Fife was seventeen years old on April 16, 2004, the date of the incident, but that since he was about four or five years old, he has had intellectual limitations possibly partially arising out of the fact that he has an inoperable brain tumor or cyst. Captain Chris Cornell of the Elbert County Sheriff’s Department testified that on April 26, 2004, at about 1:30 p.m., he met with Fife in his home in the presence of his parents and another captain —Captain Bennett. Cornell had some knowledge of Fife’s mental issues but he did not know any specifics. Cornell read Fife his Miranda rights form, and Fife signed the waiver and said he would speak to Cornell. Fife did not ask any questions at the time, nor did his parents make any comments. Cornell did not make any promises nor threaten Fife in any way in order to convince him to waive his rights. And Cornell did not recall Fife acting in any manner that would indicate that he did not understand. Fife then answered questions and indicated that he had not been around or seen the victim on the day in question.

Fife v. State

The 4-year-old victim's testimony that the defendant touched her on her front private, under her clothes, supported his child molestation conviction.

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