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Lassiter v. State

Citations: 128 Ga. App. 887; 198 S.E.2d 431; 1973 Ga. App. LEXIS 1650Docket: 48094

Court: Court of Appeals of Georgia; April 24, 1973; Georgia; State Appellate Court

Narrative Opinion Summary

In this appellate case, the appellant contested his conviction of robbery by intimidation, for which he received a five-year sentence. The appeal was based on two primary legal issues. First, the appellant argued that the Superior Court erred in admitting eyewitness identifications and testimony regarding line-up identification without proving that he had counsel or had waived this right. The court, however, ruled that the lack of objection or motion to suppress at trial precluded appellate review, referencing precedents like Starr v. State. Second, the appellant challenged the admission of a statement made during booking after invoking his Miranda rights. The appellate court assumed the statement was made post-Miranda invocation but held it did not relate to the offense or constitute an admission against interest, thus not infringing upon the appellant's rights. Consequently, the appellate court affirmed the original judgment, with Judges Eberhardt and Stolz concurring, and the appellant's counsel being James C. Bonner, Jr.

Legal Issues Addressed

Admissibility of Statements Post-Miranda

Application: The court found that a statement made by the defendant during booking did not violate his Miranda rights as it was not related to the commission of the offense or an admission against interest.

Reasoning: The court assumed, without deciding, that this statement was made in response to police questioning. However, it found that the statement did not pertain to the commission of the offense, was not an admission against interest, and therefore did not violate his rights.

In-Court Identifications and Right to Counsel

Application: The court determined that in-court identifications and related testimony were admissible since there was no objection or motion to suppress evidence raised at trial.

Reasoning: The court held that since there was no objection or motion to suppress evidence raised at trial, these issues could not be reviewed on appeal, citing previous cases (Starr v. State, Mitchell v. State, Luke v. State).