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Attaway v. State

Fifteen-year-old's statement made outside the presence of his family was admissible, given evidence that he was arrested shortly after the crime, he indicated he understood his Miranda rights, he did not resist questioning or ask for his family or an attorney, and he was not threatened by police or questioned for an excessive amount of time before writing his confession.

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Following his conviction by a Richmond County jury of burglary and rape, the trial court denied Keith Dewayn Attaway’s motion for a new trial, and he appeals. Attaway was fifteen years old when he was questioned by police in connection with the crimes. His sole enumeration of error is that the trial court erred by admitting his written confession into evidence. After reviewing the totality of circumstances under which the statement was made, we agree with the trial court that Attaway’s confession was voluntary and knowing, and we affirm.

Construed in favor of the verdict, the evidence shows that Attaway entered the victim’s dormitory room at the Medical College of Georgia, struggled with her, and raped her. Responding to the victim’s screams, a MCG police officer opened her dormitory door with a master key, pointed his gun at Attaway and told him “to get up.” Attaway fled into the adjoining residential neighborhood with the police in close pursuit, and they found him hiding in a closet in one of the homes. After he was discovered, Attaway again attempted to flee, but was subdued. Attaway was taken to MCG police headquarters, and questioned.

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