Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

RUCKER v. THE STATE.

McMURRAY, Presiding Judge.

Defendant was convicted of cruelty to children and he appeals. Held:

1. The transcript reflects that during the prosecutor's closing argument, defense counsel lodged an objection when the prosecutor commented on defendant's failure to present witnesses on his behalf. The trial court overruled the objection. We find no error. Bryant v. State, 146 Ga. App. 43 (1) ( 245 S.E.2d 333). See also Lowe v. State, 253 Ga. 308, 309 (1) ( 319 S.E.2d 834); Smith v. State, 170 Ga. App. 673 ( 317 S.E.2d 626).

2. Defendant contends a Department of Family Children Services caseworker should not have been permitted to testify that defendant admitted he "switched" the victim because defendant was in jail when the admission was made and the caseworker did not advise him of his Miranda (Miranda v. Arizona, 384 U.S. 436 ( 86 SC 1602, 16 L.Ed.2d 694)) rights. This contention is without merit. It was not incumbent upon the caseworker to advise defendant of his Miranda rights because she was not a law enforcement officer. R. W. v. State of Ga., 135 Ga. App. 668, 671 (2) ( 218 S.E.2d 674). See also Grogins v. State, 154 Ga. App. 606 (2), 607 ( 269 S.E.2d 98).

Judgment affirmed. Sognier, C. J., and Cooper, J., concur.

DECIDED MARCH 12, 1992.
Use AI to get other relevant cases.

Comments

RUCKER v. STATE
(Mar 12, 1992)