275 Ga. 160 - Carroll v. State

How this case has been cited

Cited by 9 later decisions — most recently December 2020

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Sears, Presiding Justice,

¶1concurring.

¶2I agree with the majority’s holding in Division 2 that the federal constitution, as interpreted by the U. S. Supreme Court,3 does not require a police officer to clarify a suspect’s ambiguous request for counsel, and because Carroll asserts error only under the federal constitution, I concur in the majority opinion. I write, however, to express my agreement with Chief Justice Fletcher’s position that this Court, under the Georgia Constitution, should “adopt the rule that investigating officers must ask questions to clarify whether a suspect wants a lawyer when he or she makes an ambiguous or equivocal request for counsel.”4

¶3I am authorized to state that Chief Justice Fletcher joins in this concurrence.

¶4 See Davis v. United States, 512 U. S. 452 (114 SC 2350,129 LE2d 362) (1994).

¶5Luallen v. State, 266 Ga. 174,179 (465 SE2d 672) (1996) (Fletcher, P. J., concurring).