Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Kennedy v. State

The officer's examination of the cocaine in defendant's presence was not the functional equivalent of express questioning that was likely to elicit an incriminating response from defendant.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Tony Andrew Kennedy was found guilty by a jury of two counts of selling cocaine in violation of the Georgia Controlled Substances Act. On appeal he claims that: 1 a statement he made to police while he was in custody and was being interrogated should have been excluded by the trial court because he was not given the warnings required by Miranda v. Arizona, 384 U. S. 436 86 SC 1602, 16 LE2d 694 1966; and 2 the trial court should have granted his motion for a mistrial when the State improperly placed his character into evidence. We find that the statement at issue was not subject to exclusion under Miranda because it was not obtained by interrogation but was volunteered by Kennedy, and the State did not improperly inject his character into evidence. Accordingly, we find no error and affirm the judgment of conviction entered on the guilty verdicts.

1. The State produced testimony from police officers and from an informant working for the police that Kennedy sold cocaine on two separate occasions to the informant. The State also produced evidence that Kennedy made a statement to police admitting that he sold cocaine to the informant. Kennedy testified and denied that he sold the cocaine. Viewed in the light most favorable to the jury’s guilty verdicts, the evidence was sufficient for a rational trier of fact to find that Kennedy was guilty of the charged offenses beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

More From ALM

Premium Subscription
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
Team Accounts
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
Bundle Subscriptions
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
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
BUSINESS LITIGATION ATTORNEY -- HARTFORD, CT

McCarter & English, LLP is actively seeking a litigation associate for its office located in Hartford, CT. One to three years of experie...


Apply Now ›
Associate Litigator

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›
Gwinnett County: State Court Staff Attorney

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›
Go to Lawjobs