Licata v. State
| Decision Date | 11 March 2019 |
| Docket Number | S18G0563 |
| Parties | LICATA v. The STATE. |
| Court | Georgia Supreme Court |
305 Ga. 498
826 S.E.2d 94
LICATA
v.
The STATE.
S18G0563
Supreme Court of Georgia.
Decided: March 11, 2019
Woodrow Scott Smith, W. Scott Smith, P.C., 2060 Equitable Building, 100 Peachtree Street, N.W., Atlanta, Georgia 30303, Matthew K. Winchester, Law Offices of Matthew K. Winchester, 1800 Peachtree Street, NW, Suite 430, Atlanta, Georgia 30309, for Appellant
William Aubrey Finch, Adam Eugene Keller, Forsyth County Solicitor General's Office, 101 East Courthouse Square, Suite 2084, Cumming, Georgia 30040, for Appellee
Jimmonique R. S. Rodgers, Georgia Public Defender Council, 104 Marietta Street, 400, Brandon A. Bullard, James C. Bonner, Jr., Georgia Public Defender Council, 104 Marietta Street, NW, Suite 600, Atlanta, Georgia 30303, David Edward Clark, Clark & Towne, P.C., P.O. Box 2224, Lawrenceville, Georgia 30046, Andrew Santos Fleischman, Ross & Pines, LLC, 5555 Glenridge Connector, Suite 435, Atlanta, Georgia 30342, Joseph Scott Key, Miller & Key, PA, 79 Lawrenceville Street, McDonough, Georgia 30253, for Amicus Appellant
Patricia B. Attaway Burton, Deputy Attorney General, Ross Warren Bergethon, Deputy Solicitor-General, Paula Khristian Smith, David Scott McLaughlin, Senior Assistant Attorneys General, Andrew Alan Pinson, Solicitor-General, Christopher M. Carr, Attorney General, Tina Michelle Piper, Jameson B. Bilsborrow, Assistant Attorneys General, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334, Peter J. Skandalakis, Robert Wright Smith, Jr., Gilbert Alexander Crosby, Prosecuting Attorneys Council of Georgia, 1590 Adamson Parkway, 4th Floor, Morrow, Georgia 30260, George Herbert Hartwig, III, District Attorney, Houston County District Attorney's Office, 201 North Perry Parkway, Perry, Georgia 31069, Lee Darragh, District Attorney, Northeastern Circuit District Attorney's Office, P.O. Box 1690, Gainesville, Georgia 30503, Matthew Carl Krull, Solicitor-General, Douglas County Solicitor General's Office, 8700 Hospital Drive, 3rd Floor, Douglasville, Georgia 30134-2264, Samuel Richard d'Entremont, A.D.A., Gwinnett County District Attorney's Office, 75 Langley Drive, Lawrenceville, Georgia 30046, for Amicus Appellee
Peterson, Justice.
We granted certiorari to consider what, if any, Miranda-type warning law enforcement must give before asking a suspect in custody to perform acts protected by Georgia’s right against compelled self-incrimination under Article I, Section I, Paragraph XVI of the Georgia Constitution of 1983 ("Paragraph XVI"), and whether a suspect in custody is entitled to the advice of counsel when asked to submit to a state-administered breath test. The first question rested on the premise that the suspect in this case, Michael Licata, was in custody at the time he was asked to undergo field sobriety tests, but a review of the record reveals that Licata was not actually in custody. Therefore, we affirm the Court of Appeals's ultimate conclusion that the field sobriety tests were admissible, without answering the first question. We also decline to resolve the issue regarding the advice of counsel, because it was pertinent only to the admissibility of Licata’s refusal to submit to a breath test, and this determination must be
reconsidered in the light of our recent opinion in Elliott v. State, 305 Ga. 179, 824 S.E.2d 265, 2019 WL 654178 (Case No. S18A1204, decided February 18, 2019), wherein we concluded that refusal evidence is inadmissible. Therefore, we vacate the Court of Appeals' opinion regarding the admissibility of the refusal evidence and remand for further proceedings.
The relevant facts are not disputed. Licata’s vehicle was stopped by police because it matched the description of a vehicle that had recently been in an accident and had significant front-end damage. Prior to the stop, sparks were coming off the asphalt as Licata had been driving on the vehicle’s rims. The police officer who ultimately arrested Licata approached Licata and confirmed with Licata that Licata had been involved in an accident. The arresting officer told Licata that he wanted to discuss the accident but he wanted to read Miranda warnings to Licata first. After doing so, the arresting officer asked Licata several questions about the accident. A short time later, the officer asked Licata to perform field sobriety tests. Licata complied and failed the tests. The officer then placed Licata under arrest for DUI less safe, read the implied consent warning, and asked Licata if he would submit to a breath test. Licata twice asked to call his attorney but was denied that request. Licata ultimately responded that he would not submit to a breath test.
Following his arrest and prior to trial, Licata sought to suppress the results of his field sobriety tests and evidence that he refused to submit to the breath test. The trial court granted Licata’s motion, concluding that the field sobriety evaluations should be suppressed because Licata was in custody and was not informed that he had a right to refuse to perform incriminating acts, a right protected by Paragraph XVI. See Olevik v. State, 302 Ga. 228, 806 S.E.2d 505 (2017). The trial court ruled that Licata’s refusal to submit to the breath test should be suppressed because he had requested an attorney pursuant to the Miranda warnings read to him.
The State appealed, and the Court of Appeals reversed. State v. Licata, 343 Ga. App. 874, 806 S.E.2d 292 (2017). We agreed to hear Licata’s challenges on certiorari.
1. In reversing the trial court’s suppression of the results of Licata’s field sobriety tests, the Court of Appeals relied on our decision in Price v. State, 269 Ga. 222, 498 S.E.2d 262 (1998), where we stated that "[d]ecisions of this Court and the [C]ourt of [A]ppeals have routinely held that under Georgia law Miranda warnings must precede a request to perform a field sobriety test only when the suspect is in custody." Id. at 225 (3), 498 S.E.2d 262 (punctuation and footnote omitted). The Court of Appeals did not address whether Licata was in custody but held that the trial court erred in concluding that Paragraph XVI requires police to give a warning that suspects have
a right not to incriminate themselves through an affirmative act.1 Id. at 877-878 (2), 806 S.E.2d 292. The Court of Appeals thought there was "at least arguably" tension between ...
To continue reading
Request your trial
-
Edwards v. State
...the controlling facts are not in dispute, because they are discernible from a video, our review is de novo." Licata v. State , 305 Ga. 498, 500 (1), n. 2, 826 S.E.2d 94 (2019) ; see also State v. Andrade , 342 Ga. App. 228, 228-229, 803 S.E.2d 118 (2017).7 Although the trial court initially......
-
Castro-Moran v. State
...advised Castro-Moran of her Miranda rights did not transform the interview into a custodial interrogation. See Licata v. State , 305 Ga. 498, 501 (1), 826 S.E.2d 94 (2019) ("The reading of Miranda warnings is another factor to consider, but those warnings alone do not transform a noncustodi......
-
First Acceptance Ins. Co. of Ga., Inc. v. Hughes
... ... On July 10, 2009, An and Hong filed a complaint in the State Court of DeKalb County seeking damages arising out of the August 29, 2008 automobile collision. Shortly after filing the complaint, An and Hongs ... ...
-
State v. Walden
...of the circumstances without regard for the subjective views of the suspect or the interrogating officer." Licata v. State , 305 Ga. 498, 501 (1), 826 S.E.2d 94 (2019). Although there is no one dispositive factor, important considerations include "the location of the questioning, its durati......