State v. Nash

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that Franks requires scrutiny of booking questions on a case-by-case basis to determine whether those questions were exempt from Miranda’s coverage
• holding that the defendant unequivocally invoked his right to remain silent when he said that he wanted “to just sit back and . . . get his charges” and then “clearly shook his head in the negative” when an interrogating officer asked, “you don’t want to talk about it?”
• questions “concerning how a suspect came to be in police custody” are not exempt from Miranda as questions seeking routing biographical data for booking purposes
• officer’s questions to suspect after suspect invoked his right to remain silent was likely to elicit an incriminating response and resulting statement was inadmissible
• trial court properly found unequivocal invocation of right to remain silent where, in response to GBI agent’s clarifying question, the defendant “clearly shook his head in the negative” and stated that he wanted “to just sit back and get his charges and just go back”
• trial court properly found that defendant invoked his right to remain silent where defendant “shook his head in the negative when asked if he wanted to talk about the victim’s death and the questioning agent took [defendant’s] response to be a refusal to talk about the incident”

Source: CourtListener parenthetical corpus (CC0).

Cited by

32 cases in this archive cite this case; the 20 most cited are listed.

• Velazquez v. State
  Supreme Court of Georgia· 2008-01-08· cited 41×
• Barrett v. State
  Supreme Court of Georgia· 2011-05-16· cited 40×
• Cruz, Adelfo Ramirez
  Court of Criminal Appeals of Texas· 2015-05-13· cited 35×
• Petty v. State
  Supreme Court of Georgia· 2008-03-10· cited 30×
• Wells v. State
  Court of Appeals of Georgia· 2009-03-27· cited 28×
• Sewell v. State
  Supreme Court of Georgia· 2008-06-02· cited 27×
• State v. Davison
  Supreme Court of Georgia· 2005-12-01· cited 26×
• Davidson v. State
  Supreme Court of Georgia· 2018-09-24· cited 26×
• State v. Morrell
  Supreme Court of Georgia· 2006-10-02· cited 25×
• State v. Pye
  Supreme Court of Georgia· 2007-10-29· cited 23×
• State v. Andrade
  Supreme Court of Georgia· 2016-02-08· cited 22×
• Ensslin v. State
  Supreme Court of Georgia· 2020-04-06· cited 16×
• Robinson v. State
  Court of Appeals of Georgia· 2008-11-26· cited 13×
• Durrance v. State
  Court of Appeals of Georgia· 2013-02-22· cited 13×
• State v. I.B.
  Court of Appeals of Washington· 2015-04-28· cited 12×
• Jenkins v. State
  Supreme Court of Georgia· 2023-11-02· cited 11×
• State v. Moon
  Supreme Court of Georgia· 2009-02-23· cited 10×
• The State v. Young
  Court of Appeals of Georgia· 2016-11-02· cited 10×
• State v. Hinton
  Supreme Court of Georgia· 2020-08-10· cited 9×
• State v. Burton
  Supreme Court of Georgia· 2022-09-20· cited 5×

Cites

10 cases in this archive are cited by this case.

• Miranda v. Arizona
  Supreme Court· 1966-06-13· cited 58,288×
• Rhode Island v. Innis
  Supreme Court· 1980-05-12· cited 5,571×
• Michigan v. Mosley
  Supreme Court· 1975-12-09· cited 2,561×
• Pennsylvania v. Muniz
  Supreme Court· 1990-06-18· cited 976×
• Franks v. State
  Supreme Court of Georgia· 1997-07-14· cited 50×
• State v. Ray
  Supreme Court of Georgia· 2000-06-05· cited 33×
• Green v. State
  Supreme Court of Georgia· 2002-09-16· cited 29×
• State v. Henderson
  Supreme Court of Georgia· 1999-06-01· cited 26×
• English v. State
  Court of Appeals of Georgia· 2003-03-27· cited 11×
• Jenkins v. State
  Court of Appeals of Georgia· 1971-05-17· cited 10×