lawskills
Google
search the Web search LawSkills.com
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
CLARK v. THE STATE.
77410.
DEEN, Presiding Judge.
Armed robbery, etc. Gwinnett Superior Court. Before Judge Stark.
John Robinson Clark appeals from his convictions on three counts of armed robbery and three counts of possession of a firearm by a convicted felon.
1. Clark contends that the trial court abused its discretion in allowing the State to keep Clark in leg shackles during the trial, on the grounds that wearing the shackles hindered his ability to assist counsel in his defense and placed him in a psychologically depressed mood which adversely affected his demeanor throughout the trial. We are unpersuaded by this contention to find error in keeping leg shackles on Clark, who had violently resisted his arrest. Moreover, since Clark was tried by the court sitting without a jury, the usual concerns over the effect restraining a criminal defendant might have upon a jury are absent. See Thomas v. State, 171 Ga. App. 306 (319 SE2d 511) (1984); McKenzey v. State, 138 Ga. App. 88 (225 SE2d 512) (1976).
2. Clark also contends that his confession was involuntary and should have been excluded. Following his arrest in Clarke County, Clark gave a statement to the investigating Gwinnett County police officers and confessed to the armed robberies of three Winn Dixie grocery stores. The officer who took the statement testified at a Jackson-Denno hearing that Clark gave the statement after having his Miranda rights explained and under no coercion or promise of benefit. Clark, however, testified that at the time of his arrest he had been beaten, and that nonverbal threats had been made that if he did not give a statement he would be beaten again. In such cases where the testimony is in dispute, the trial court's determinations of fact and credibility relating to the admissibility of a confession will be upheld on appeal unless clearly erroneous. Sanders v. State, 257 Ga. 239 (1) (357 SE2d 66) (1987). The trial court's findings in this case were not clearly erroneous.
4. At the trial, one of the armed robbery victims testified that she had not noticed Clark's having a weapon at the time of the robbery. Because of that testimony, Clark contends that the evidence may support a conviction for robbery, but not for armed robbery on that count. See Hicks v. State, 232 Ga. 393, 403 (207 SE2d 30) (1974). His contention, however, overlooks his own confession in which he admitted committing the armed robbery with a handgun, a fact which was corroborated by the testimony of another grocery store employee who actually had the gun held to her back by Clark.
Thomas C. Lawler III, District Attorney, Allyson F. Baillus, Assistant District Attorney, for appellee.
Robert C. Sacks, for appellant.
DECIDED OCTOBER 12, 1988 -- REHEARING DENIED OCTOBER 31, 1988.
Thursday July 24 15:10 CDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com