X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Henry Sheffield, Jr. appeals his conviction for malice murder in connection with the strangulation of Janice Cunningham. He challenges the sufficiency of the evidence to corroborate his inculpatory statement to police and the sufficiency of the evidence to support the element of intent to kill the victim. Finding the challenges to be without merit, we affirm.1 On January 1, 2005, Janice Cunningham was found dead at an abandoned Clayton County gas station, where she often stayed. Her body was nude from the waist down. She had been raped and manually strangled. The prior evening, Cunningham was seen at the gas station drinking beer with a man whom witnesses were able to describe in detail. On January 7, 2005, police responded to a report that Sheffield had been acting suspiciously at a memorial vigil for Cunningham. Police approached him and a detective told Sheffield that he resembled the man seen with Cunningham. Sheffield became nervous and evasive, so police took him in for questioning. After being advised of his Miranda 2 rights, Sheffield admitted that he had been drinking beer with Cunningham on the night of December 31, 2004. He related that Cunningham became angry and attacked him with a piece of broken glass when he brought up the subject of sex. He stated that he grabbed her by the neck and that she was gasping for air. Although he maintained that Cunningham was still breathing, he admitted that he panicked and ran because “she wasn’t moving.” He also admitted that he ejaculated on Cunningham, but denied any vaginal penetration.

1. Sheffield contends that the State did not present any evidence to corroborate his “confession,” which he maintains was all that connected him to the crimes.3 However, such contention, fails to take into account the difference between an admission and a confession. In the former only one or more facts entering into the criminal act are admitted, while in the latter the entire criminal act is confessed. The reason confessions must be corroborated is to ameliorate the danger of a coerced confession or the confession of a mentally unbalanced person providing the entire proof used to convict a defendant. Admissions, on the other hand, do not admit every element of the offense, leaving on the State the burden of proving some elements of the offense by evidence other than the admissions. That evidence need not corroborate the admissions, but must provide proof of those elements of the offense not admitted. Lowe v. State , 267 Ga. 180, 181 4 476 SE2d 583 1996Internal citations and quotation marks omitted.. Inasmuch as Sheffield did not admit every element of the charged offenses, his statements to police are more accurately characterized as admissions, rather than confessions.4

 
Reprints & Licensing
Mentioned in a Law.com story?

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

More From ALM

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
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
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
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
September 06, 2024
Johannesburg

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


Learn More
September 12, 2024
New York, NY

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


Learn More

JOB DESCRIPTION SUMMARY Pulsar Title Insurance Company Inc., a commercial and residential title insurance underwriter based in the Bato...


Apply Now ›

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›