Adcock v. State

Full title: ADCOCK v. THE STATE

Court: Supreme Court of Georgia

Date published: Jan 31, 1994

438 S.E.2d 910 (Ga. 1994)

438 S.E.2d 910

Opinion

S93G1125.

DECIDED JANUARY 31, 1994.

Certiorari to the Court of Appeals of Georgia — 208 Ga. App. 346.

Lanser, Levinson Paul, Adrian F. Lanser III, Christopher G. Paul, for appellant.

T. Joseph Campbell, District Attorney, for appellee.

SEARS-COLLINS, Justice.

Statements made by the appellant, Janice Adcock, during a hearing for temporary child support in a paternity action she brought against her biological father, who is also the biological father of her child, were subsequently used against her in a criminal prosecution for incest. For the reasons detailed in the dissent to the Court of Appeals decision, see Adcock v. State, 208 Ga. App. 346, 350-353 ( 430 S.E.2d 606) (1993) (Beasley, J., dissenting), we find that the self-incriminating statements made during the civil hearing were not voluntary and, therefore, should not have been admitted in the criminal trial. Jackson v. Denno, 378 U.S. 368 ( 84 S.C. 1774, 12 L.Ed.2d 908) (1964). Accordingly, we reverse the judgment of the Court of Appeals.

Judgment reversed. Clarke, C. J., Hunt, P. J., Benham, Fletcher, Sears-Collins, Hunstein, JJ., and Judge Robert J. James concur. Carley, J., disqualified.

SEARS-COLLINS, Justice.

DECIDED JANUARY 31, 1994.