State v. Lynch

686 S.E.2d 244, 286 Ga. 98, 2009 Fulton County D. Rep. 3465, 2009 Ga. LEXIS 674
CourtSupreme Court of Georgia
DecidedNovember 2, 2009
DocketS09A1402
StatusPublished
Cited by36 cases

This text of 686 S.E.2d 244 (State v. Lynch) 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
State v. Lynch, 686 S.E.2d 244, 286 Ga. 98, 2009 Fulton County D. Rep. 3465, 2009 Ga. LEXIS 674 (Ga. 2009).

Opinions

CARLEY, Presiding Justice.

After Kory Gore was stabbed to death in DeKalb County and his vehicle taken, law enforcement officers in Nash County, North Carolina spotted the vehicle being driven by Patrick Lynch, and a high-speed chase ensued. Lynch eventually left the vehicle and fled. The DeKalb County Police Department was notified, and Detectives Kevin Farmer and Shane Cheek traveled to Nash County to investigate. After a brief manhunt, Lynch was found, taken into custody, and transported to the Nash County Sheriffs Department. He was interviewed there by the DeKalb County detectives, and gave them an inculpatory statement.

Lynch was charged with malice murder, felony murder, aggravated assault, and theft by taking. At pre-trial hearings, during which Lynch and Detective Cheek testified, the trial court denied the State’s motion to present similar transaction evidence, suppressed [99]*99Lynch’s pre-trial statement on voluntariness grounds, granted his motion to suppress fingerprint evidence, and denied the State’s motion to reconsider and reopen the evidence at the hearing held pursuant to Jackson v. Denno, 378 U. S. 368 (84 SC 1774, 12 LE2d 908) (1964). In extensive oral comments, the trial court found that the conduct of Nash County officers prior to the interview by the DeKalb County detectives included beating, use of a taser, removal of Lynch’s clothes, and withholding of medical attention, constituted duress and coercion, and caused Lynch to give a statement in order to leave Nash County and obtain medical attention.

After the State requested a written order on the suppression of the fingerprint and the statement, the trial court stated that “the record speaks for itself” and never entered a written order. The State directly appeals pursuant to OCGA § 5-7-1 (a) (4) from the orders suppressing Lynch’s pre-trial statement and the fingerprint evidence, although the State concedes that the latter issue is now moot. See State v. Morrell, 281 Ga. 152 (2) (635 SE2d 716) (2006) (State has right to appeal from order suppressing a defendant’s statement); State v. Stanfield, 290 Ga. App. 62, 63 (1) (658 SE2d 837) (2008) (appeal involving exclusion of a statement on voluntariness grounds is no exception to OCGA § 5-7-1 (a) (4)). Even though oral orders normally cannot be appealed, the State nevertheless was authorized to bring this appeal because “the transcript affirmatively shows that the State requested the trial court to put the oral order[s] in written form and that the trial court refused to do so.” State v. Morrell, supra at 153 (2).

1. The State contends that the trial court erred in suppressing Lynch’s pre-trial statement, because it was made freely and voluntarily without hope of benefit or threat of injury. In addressing this contention, we bear in mind that a trial court’s determination as to the voluntariness of a statement “after a suppression hearing must be upheld by the appellate court unless the decision is clearly erroneous. [Cit.]” State v. Ritter, 268 Ga. 108 (485 SE2d 492) (1997). The “appellate court ‘must construe the evidence most favorably to the upholding of the trial court’s findings and judgment. (Cit.)’ [Cit.]” State v. Tye, 276 Ga. 559, 562 (2) (580 SE2d 528) (2003).

“Under Georgia law, only voluntary incriminating statements are admissible against the accused at trial. OCGA § 24-3-50.” State v. Ritter, supra at 109 (1). “The State bears the burden of demonstrating the voluntariness of a confession by a preponderance of the evidence. [Cit.]” State v. Ritter, supra at 109-110 (1). In order for an incriminatory statement to be admissible pursuant to OCGA § 24-3-50, it must have been made freely and voluntarily, ‘““without being induced by another by the slightest hope of benefit or remotest fear of injury.”’ [Cit.]” Mangrum v. State, 285 Ga. 676, 677 (2) (681 [100]*100SE2d 130) (2009). See also State v. Ritter, supra at 109 (1).

Although the trial court mentioned “hope of benefit,” it repeatedly based its ruling upon a finding of coercion and duress. If that finding was authorized by the evidence, it clearly was sufficient to support exclusion of Lynch’s pre-trial statement. The “remotest fear of injury” that renders an incriminating statement involuntary and inadmissible under OCGA § 24-3-50 is “physical or mental torture” or coercion by threats. Mangrum v. State, supra; Wilson v. State, 285 Ga. 224, 228 (3) (675 SE2d 11) (2009); Vergara v. State, 283 Ga. 175, 178 (1) (657 SE2d 863) (2008). This determination must be based on the totality of the circumstances. Wright v. State, 285 Ga. 428, 432 (2) (677 SE2d 82) (2009). See also Vergara v. State, supra.

The State argues that the trial court erroneously considered events occurring after the initial interrogation when it stated that “all of that is the totality of the circumstances.” However, a close examination of that portion of the transcript indicates that the trial court was summarizing its analysis to that point and was not including post-interview events, especially in light of the trial court’s specific acknowledgment that those events occurred after Lynch gave his statement. That acknowledgment strengthens the presumption that the trial court considered only relevant evidence. Welborn v. State, 166 Ga. App. 214, 215 (303 SE2d 755) (1983). See also Jones v. State, 194 Ga. App. 356, 357 (1) (390 SE2d 623) (1990) (Jackson-Denno hearing).

The State relies on certain testimony by Detective Farmer from the preliminary hearing which, when construed in favor of the trial court’s order, does not support the State’s argument that the interview by the DeKalb County detectives was conducted immediately after Lynch’s arrest. Moreover, that evidence was contradicted by Lynch’s testimony that he was left in a cell without clothes for a couple of hours prior to the interview. Lynch also testified that he had visible injuries from being beaten and that the detectives promised that he would receive medical attention and be taken from Nash County only if he gave them a statement.

If an officer or anyone else should testify that a confession was freely and voluntarily made, and then testify that the defendant was given a severe beating [or subjected to mental torture], but when the assault was over he freely and voluntarily confessed, no court, in our opinion, would have any trouble in reaching the conclusion that a confession thus obtained was inadmissible.

Coker v. State, 199 Ga. 20, 24 (2) (33 SE2d 171) (1945).

Lynch’s testimony regarding statements made by North Caro[101]

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Cite This Page — Counsel Stack

Bluebook (online)
686 S.E.2d 244, 286 Ga. 98, 2009 Fulton County D. Rep. 3465, 2009 Ga. LEXIS 674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lynch-ga-2009.