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Hickey v. State

The trial court did not err in allowing the jury to rehear those portions of the victim's testimony that related to the taking of her car.

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Antawun Dwayne Hickey, convicted by a jury of kidnapping, criminal trespass, theft by taking automobile, and robbery by intimidation $200 cash, appeals from the trial court’s denial of his motion for new trial, alleging numerous errors. Finding no reversible error, we affirm. 1. In his first enumeration, Hickey contends that the trial court erred in denying his motion to suppress the statement he gave police.

The State presented the testimony of Officer Brown during the hearing conducted pursuant to Jackson v. Denno , 378 U. S. 368 84 SC 1774, 12 LE2d 908 1964. He stated that, at the time of the interview on June 12, 2002, Hickey had been in jail 10 to 11 hours and appeared to understand what was said to him, although he stated that he was addicted to cocaine. Hickey was read the form explaining his Miranda rights and initialed each right, as well as signing the form indicating he understood his rights. Hickey also appeared coherent to Officer Brown and did not appear to be under the influence of drugs or alcohol. In ruling that the in-custody statement given by the accused was admissible, the trial court must, upon consideration of the totality of the circumstances, be satisfied by a preponderance of the evidence that the statement was freely and voluntarily given, and the court’s ruling, including findings as to factual matters and credibility, will not be disturbed on appeal unless clearly erroneous. Cits. Connerly v. State , 207 Ga. App. 498, 499 428 SE2d 408 1993.

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