Hodges v. State

463 S.E.2d 16, 265 Ga. 870
CourtSupreme Court of Georgia
DecidedOctober 30, 1995
DocketS95A1079
StatusPublished
Cited by46 cases

This text of 463 S.E.2d 16 (Hodges 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
Hodges v. State, 463 S.E.2d 16, 265 Ga. 870 (Ga. 1995).

Opinions

Thompson, Justice.

Leonard C. Hodges was convicted of the malice murder of Kenneth Lee Mayes and sentenced to life in prison. 1 He enumerates four evidentiary errors on appeal. We find no harmful error and affirm.

An anonymous telephone caller informed the police that he was driving through the Stephen Heard Cemetery in Elbert County and saw what he thought was a body. The caller sounded scared and refused to give his name. Upon investigating the call, the police discovered the dead body of Kenneth Lee Mayes in the cemetery. Mayes’ hands were bound behind his back with electrical tape and he was shot once in the chest. A .45 caliber shell casing was found nearby.

Mayes had been living in a trailer with Hodges. The police called on Hodges at the trailer, informed him that Mayes had been killed, [871]*871and asked him if he would permit them to search the trailer for clues. Hodges gave his consent.

In searching the trailer, the police discovered a pair of Hodges’ boots, his .45 caliber pistol, and some electrical tape. The soles of the boots appeared to be similar to footprints left at the scene of the crime. The pistol smelled as if it had been fired recently. The electrical tape was different than the tape used to bind Mayes’ hands.

The police also found a will which had been handwritten by Hodges and signed by Mayes one week before his death. In the will, Mayes bequeathed all but one of his rings to Hodges.

Hodges allowed the police to take the items they found. The police asked Hodges if he would accompany them to the police station to answer some questions. He agreed to do so. He was “real cooperative.”

Hodges told the police that he spent much of the previous day with Mayes and that he last saw him at about 9:00 p.m. when he dropped him off at the trailer. He added that Mayes had gotten into trouble with some drug dealers and had been worried that they would harm him. He explained that his gun smelled like it had been fired because he had been shooting at a tree in his yard the previous day. Hodges also stated that he can get so violent he can punch holes in walls and not remember what he did.

One of the officers, Det. Thompson, noticed that the tires on Hodges’ truck had a tread design which was similar to tire marks found at the cemetery. He took a Polaroid picture of the tread design. Returning to the cemetery, the detective compared the soles of Hodges’ boots and the photograph of Hodges’ tires with the impressions left at the scene of the crime. Upon making those comparisons, the detective became convinced that Hodges murdered Mayes. The time was approximately 6:00 p.m.

Although he knew that Hodges was at the police station answering questions, and although he had a radio, Det. Thompson did not immediately notify his fellow officers of his findings. Instead, he drove to the police station, arriving there about 7:30 p.m.

Det. Thompson immediately arrested Hodges and advised him of his Miranda rights. Until that time, Hodges had not been placed under arrest and, according to the police, he would not have been stopped if he attempted to leave the stationhouse. Upon being advised of his rights, Hodges invoked his right to counsel and all questioning ceased. Prior to his arrest, Hodges had been answering questions for approximately 40 minutes.

The police later learned that the night before Mayes’ body was discovered, Hodges and Mayes stopped at a convenience store; that Hodges went into the store to buy a roll of electrical tape while Mayes waited in the truck; and that unlike the tape that the police found in [872]*872Hodges’ trailer, the tape which Hodges purchased was similar to the tape used to bind Mayes’ hands.

Based on forensic tests, the police concluded that the .45 shell casing found at the cemetery had come from Hodges’ pistol. They also concluded that Hodges was the anonymous caller who said he discovered Mayes’ body. Finally, the police found a handwritten note inside Mayes’ wallet. The note was signed by Mayes and read: “Leonard C. Hodges did it.”

1. The evidence was sufficient to enable any rational trier of fact to find defendant guilty of murder beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Hodges asserts the trial court erred in failing to suppress the statements he made to the police. In this regard, he argues that Det. Thompson had sufficient information to warrant Hodges’ arrest at 6:00 p.m; that the detective’s knowledge was imputed to the other police officers; and that, therefore, any statements made to the police after 6:00 p.m. should have been suppressed.

In effect, Hodges would have us rule that once a police officer has probable cause to arrest, he must arrest and Mirandize. But that is not the law. Whether a police officer focused his unarticulated suspicions upon the individual being questioned is of no consequence for Miranda purposes. Stansbury v. California, 511 U. S._(114 SC 1526, 128 LE2d 293) (1994). This is so because Miranda was fashioned to redress “ ‘the compulsive aspect of custodial interrogation, and not the strength or content of the government’s suspicions’ ” when the questioning commenced. Id., 114 SC at 1529.

Even a clear statement from an officer that the person under interrogation is a prime suspect is not, in itself, dispositive of the custody issue, for some suspects are free to come and go until the police decide to make an arrest.

Id. at 1530. Thus, the proper inquiry is whether the individual was formally arrested or restrained to the degree associated with a formal arrest, not whether the police had probable cause to arrest. See id. at 1529. See also Lobdell v. State, 256 Ga. 769, 773 (6) (353 SE2d 799) (1987) (Miranda does not apply unless a person is “taken into custody or otherwise deprived of his freedom ... in some significant way”).

Hodges contends he was in custody because the police took his boots, gun and electrical tape before they asked him to accompany them to the stationhouse. He argues that any reasonable person would believe he was under arrest under those circumstances. See Berkemer v. McCarty, 468 U. S. 420, 442 (104 SC 3138, 82 LE2d 317) (1984) (relevant inquiry is how reasonable person in suspect’s position [873]*873would perceive his situation). We disagree.

The police simply asked Hodges if he would go with them to the stationhouse so they could “talk better.” They did not demand that he accompany them. He went along willingly and cooperated fully. Moreover, Det. Thompson told Hodges that he was taking the items he found in the house for purposes of eliminating him as a suspect. A reasonable person would not believe he had been arrested under these circumstances. See generally Hardeman v. State, 252 Ga. 286 (313 SE2d 95) (1984) (defendant is not in custody because he accompanies police to stationhouse); Ingle v. State, 123 Ga. App. 56 (179 SE2d 305) (1970) (defendant not in custody when questioned in his house even though police were armed with search warrant).

3.

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Bluebook (online)
463 S.E.2d 16, 265 Ga. 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodges-v-state-ga-1995.