Blackwell v. State

Citation786 S.E.2d 552,337 Ga.App. 173
Decision Date20 May 2016
Docket NumberNo. A16A0172.,A16A0172.
PartiesBLACKWELL v. The STATE.
CourtUnited States Court of Appeals (Georgia)

337 Ga.App. 173
786 S.E.2d 552

BLACKWELL
v.
The STATE.

No. A16A0172.

Court of Appeals of Georgia.

May 20, 2016.


786 S.E.2d 553

Long D. Vo, for Appellant.

Rebecca Ashley Wright, Dist. Atty., Joshua B. Smith, Titus Thomas Nichols, Asst. Dist. Attys., for Appellee.

PHIPPS, Presiding Judge.

A jury found Ryan Blackwell guilty of manufacturing methamphetamine in the presence of a child. He appeals, asserting that the

337 Ga.App. 174

trial court erred in failing to suppress his custodial statement to police. He also argues that he received ineffective assistance of counsel at trial. For reasons that follow, we affirm.

Viewed favorably to the jury's verdict,1 the evidence shows that on September 17, 2010, an investigator with the Richmond County Sheriff's Office received a tip that Blackwell was manufacturing methamphetamine out of a Richmond County home. The investigator and his partner knocked on the front door of the home, which was answered by a resident, and asked for Blackwell. The resident led them to the garage, where they found Blackwell, his wife, the Blackwells' three-month-old daughter, and another man. As he entered the garage, the investigator detected a strong chemical odor and saw “an active meth lab cooking” a few feet from where Blackwell and the other occupants were sitting.

The investigator and his partner removed everyone from the garage and obtained permission to search the premises. Inside the garage, they found a black bag containing methamphetamine, as well as equipment and other items used to manufacture and sell methamphetamine. The investigator arrested Blackwell, who indicated that he lived at the house. Blackwell also stated that although he knew methamphetamine was being manufactured in the garage, it did not belong to him. At trial, Blackwell offered evidence that he lived with his mother, rather than at the residence where he was arrested, and that he was not involved with manufacturing or selling methamphetamine. Without dispute, however, the evidence showed that Blackwell's wife and child lived at the residence, and personal property belonging to Blackwell was located there.

Based on the evidence presented, the jury found Blackwell guilty of manufacturing methamphetamine in the presence of a child.2 As to a second charge of trafficking in methamphetamine, the jury found him not guilty.

1. Blackwell argues that the trial court erred in admitting his statement to the investigator that he knew methamphetamine was being manufactured in the garage a few feet from his three-month-old child. According to Blackwell, he made the statement in response to threats, undermining its voluntariness and admissibility.

337 Ga.App. 175

Pursuant to former OCGA § 24–3–50,3 a confession is admissible if it is “made voluntarily, without being induced by another by the slightest hope of benefit or remotest fear of injury.” Before admitting a confession, the trial court must consider the totality of the circumstances and assess whether the

786 S.E.2d 554

defendant made the statement voluntarily.4 We will not disturb the trial court's determination as to voluntariness absent clear error.5

The trial court held a Jackson v. Denno6 hearing before admitting Blackwell's statement. At the hearing, the investigator testified that he arrested Blackwell, read him Miranda warnings, and obtained a signed waiver of counsel from him. Blackwell then agreed to be interviewed at the scene, ultimately stating that he knew methamphetamine was being cooked in the garage, but that it did not belong to him. According to the investigator, he did not threaten Blackwell or promise him anything to obtain the statement. He did, however, ask whether Blackwell wanted to claim ownership of the drugs, and he possibly stated that Blackwell's child might be taken into state custody. The investigator also told Blackwell that “there[ ] [was] a good chance” Blackwell's wife would be going to jail, given her presence with the child in front of an active methamphetamine lab.

Following the investigator's testimony, Blackwell presented evidence from Tina Drake, who was in the house during Blackwell's interview. According to Drake, the investigator informed Blackwell that “it was time to man up and that if [Blackwell] didn't tell [the investigator] everything that [the investigator] found in that house belonged to him that [the investigator] was going to take his wife to jail and his child to [the Georgia Division of Family and Children Services].” Drake testified that the investigator also threatened to “tear ... apart” Blackwell's mother's home, where Blackwell claimed to be living. She further claimed that Blackwell “raised [his hands] up and said all right, whatever you find belongs to me.”

After hearing the evidence, the trial court concluded that Blackwell gave his statement freely and voluntarily, without any hope of benefit or fear of injury. We find no error. Although Blackwell claims that the investigator induced the statement by threatening his family members, the trial court was authorized to find, based on the investigator's testimony, that the investigator simply informed Blackwell

337 Ga.App. 176

that his wife could be arrested and that his child—who resided in a home where methamphetamine was being manufactured—might be taken into state custody.7

As we have explained, “a...

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2 cases
  • Hudson v. State, A19A2108
    • United States
    • United States Court of Appeals (Georgia)
    • November 14, 2019
    ...his motion to suppress. We affirm. Viewed favorably to the verdict, the evidence shows the following. See Blackwell v. State , 337 Ga. App. 173, 174, 786 S.E.2d 552 (2016). On November 30, 2015, the mother of 13-year-old D. M. reported to police that she had discovered sexually explicit soc......
  • Zaldivar v. Prickett
    • United States
    • United States Court of Appeals (Georgia)
    • May 20, 2016
    ...337 Ga.App. 173786 S.E.2d 560 (Mem)ZALDIVARv.PRICKETT et al.No. A14A0113.Court of Appeals of Georgia.May 20, 2016.Jonathan Colby Jones, Sean Lombardy Hynes, Marietta, Andrew Alan Curtright, Downey & Cleveland, for Appellant.Edward M. Wynn, James Nicholas Sadd, Slappey & Sadd, Atlanta, for A......

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