Adcock v. State

Supreme Court of Georgia

Adcock v. State

438 S.E.2d 910, 263 Ga. 759, 94 Fulton County D. Rep. 332, 1994 Ga. LEXIS 54

CourtSupreme Court of Georgia

DecidedJanuary 31, 1994

DocketS93G1125

StatusPublished

Cited by1 cases

This text of 438 S.E.2d 910 (Adcock v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adcock v. State, 438 S.E.2d 910, 263 Ga. 759, 94 Fulton County D. Rep. 332, 1994 Ga. LEXIS 54 (Ga. 1994).

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Opinion

Sears-Collins, Justice.

Statements made by the appellant, Janice Adcock, during a hearing for temporary child support in a paternity action she brought against her biological father, who is also the biological father of her child, were subsequently used against her in a criminal prosecution for incest. For the reasons detailed in the dissent to the Court of Appeals decision, see Adcock v. State, 208 Ga. App. 346, 350-353 (430 SE2d 606) (1993) (Beasley, J., dissenting), we find that the self-incriminating statements made during the civil hearing were not voluntary and, therefore, should not have been admitted in the criminal trial. Jackson v. Denno, 378 U. S. 368 (84 SC 1774, 12 LE2d 908) [760]*760(1964). Accordingly, we reverse the judgment of the Court of Appeals.

Decided January 31, 1994. Lanser, Levinson & Paul, Adrian F. Lanser III, Christopher G. Paul, for appellant. T. Joseph Campbell, District Attorney, for appellee.

Judgment reversed.

Clarke, C. J., Hunt, P. J., Benham, Fletcher, Sears-Collins, Hunstein, JJ., and Judge Robert J. James concur. Carley, J., disqualified.

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Sears-Collins, Justice.

Statements made by the appellant, Janice Adcock, during a hearing for temporary child support in a paternity action she brought against her biological father, who is also the biological father of her child, were subsequently used against her in a criminal prosecution for incest. For the reasons detailed in the dissent to the Court of Appeals decision, see Adcock v. State, 208 Ga. App. 346, 350-353 (430 SE2d 606) (1993) (Beasley, J., dissenting), we find that the self-incriminating statements made during the civil hearing were not voluntary and, therefore, should not have been admitted in the criminal trial. Jackson v. Denno, 378 U. S. 368 (84 SC 1774, 12 LE2d 908) [760]*760(1964). Accordingly, we reverse the judgment of the Court of Appeals.

Decided January 31, 1994. Lanser, Levinson & Paul, Adrian F. Lanser III, Christopher G. Paul, for appellant. T. Joseph Campbell, District Attorney, for appellee.

Judgment reversed.

Clarke, C. J., Hunt, P. J., Benham, Fletcher, Sears-Collins, Hunstein, JJ., and Judge Robert J. James concur. Carley, J., disqualified.

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Bluebook (online)

438 S.E.2d 910, 263 Ga. 759, 94 Fulton County D. Rep. 332, 1994 Ga. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adcock-v-state-ga-1994.

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