Newland v

Hall, 527 F.3d 1162, 2008 U.S. App. LEXIS 10433 (11th Cir. 2008), cert. denied, 555 U.S. 1183, 129 S. Ct. 1336, 173 L. Ed. 2d 607, 2009 U.S. LEXIS 1348 (2009) (decided under former O.C.G.A. § 24-3-50). Defendant’s statements to a local detective regarding the defendant’s role in three robberies were voluntary and, thus, admissible under former O.C.G.A. § 243-50 because the defendant was told that 24-8-824 the defendant was not in custody when initially interviewed, defendant was not a suspect at that time, and defendant did not make a confession in the hope of some benefit; defendant was thought to be a witness to a robbery. Dean v. State, 292 Ga. App. 695, 665 S.E.2d 406, 2008 Ga. App. LEXIS 843 (2008) (decided under former O.C.G.A. § 24-3-50). Defendant’s custodial statements were properly deemed voluntary under former O.C.G.A. § 24-3-50. The defendant was advised of defendant’s Miranda rights; signed a waiver of those rights; admitted no threats or promises were made; and, although the defendant claimed not to understand the Miranda rights due to limited mental capacity, there was no evidence the defendant was mentally or cognitively impaired. Inman v. State, 295 Ga. App. 461, 671 S.E.2d 921, 2009 Ga. App. LEXIS 13 (2009) (decided under former O.C.G.A. § 24-3-50). In a statutory rape case, as the record showed that police had not misrepresented the 12-year-old victim’s status to the defendant or promised that the defendant would be charged with rape only if the investigation established that the defendant had committed forcible rape, the defendant’s confession and DNA test results which showed that the defendant was the parent of the victim’s child were not inadmissible as having been obtained through trickery and deceit. Henry v. State, 295 Ga. App. 758, 673 S.E.2d 120, 2009 Ga. App. LEXIS 67 (2009) (decided under former O.C.G.A. § 24-3-50). With regard to a defendant’s malice murder conviction arising from the suffocation death of the defendant’s newborn daughter, the trial court did not err by admitting into evidence the defendant’s confession that acknowledged that the baby was breathing and whimpering after birth since, given the totality of the circumstances, the trial court’s ruling that the confession was given freely and voluntarily after the court viewed the videotapes of the police interviews was not clearly erroneous and there was no merit to the defendant’s contention that the confession was encouraged by threats, including that the investigation would turn to a romantic friend, since under former 312 O.C.G.A. § 24-3-50, the remotest fear of injury that rendered a confession involuntary and inadmissible was physical or mental torture, which was not claimed. Wright v. State, 285 Ga. 428, 677 S.E.2d 82, 2009 Ga. LEXIS 157 (2009), cert. denied, 558 U.S. 1123, 130 S. Ct. 1076, 175 L. Ed. 2d 903, 2010 U.S. LEXIS 281 (2010) (decided under former O.C.G.A. § 24-350). Even if investigators’ statements that the defendant would be allowed to go home after the interview constituted an improper “hope of benefit,” the investigators did not actually induce the defendant’s confession because the defendant made the incriminatory statements voluntarily; the defendant was familiar with the defendant’s constitutional rights, was 19 years old at the time of the interview, was a high school graduate, was aware of the allegations against the defendant, was not in custody when the defendant initially confessed, was not yet indicted, and was questioned for approximately two hours but confessed after less than one hour. State v. Brown, 308 Ga. App. 480, 708 S.E.2d 63, 2011 Ga. App. LEXIS 207 (2011), aff’d, 290 Ga. 865, 725 S.E.2d 320, 2012 Ga. LEXIS 348 (2012) (decided under former O.C.G.A. § 24-3-50). Trial court properly ruled that the defendant’s inculpatory statement was not subject to suppression as involuntary because the defendant received Miranda warnings at the beginning of the interview, before making the statement, and the defendant acknowledged those warnings again part-way through the interview. Williams v. State, 314 Ga. App. 840, 726 S.E.2d 66, 2012 Ga. App. LEXIS 183 (2012), cert. denied, No. S12C1204, 2012 Ga. LEXIS 703 (Ga. Sept. 10, 2012) (decided under former O.C.G.A. § 24-3-50). Trial court did not err in finding that the defendant freely and voluntarily made a statement to police admitting that the defendant knew methamphetamine was being manufactured in the garage a few feet from the defendant’s three-month-old child because the defendant was advised of the Miranda rights, waived the right to counsel, and agreed to speak with the investigator and during that conversation made the admission. Blackwell v. State, 24-8-824 337 Ga. App. 173, 786 S.E.2d 552, 2016 Ga. App. LEXIS 290 (2016). Trial court did not clearly err by denying the defendant’s pretrial motion to suppress because the evidence supported the court’s determination that the defendant knowingly and voluntarily waived the defendant’s rights and gave the defendant’s statement as the detective testified and the video recording showed that the defendant was informed of the defendant’s rights under Miranda and formally waived those rights, the defendant expressed the defendant’s understanding and willingness to speak with police both by nodding to show assent and in writing, and the detective testified that the detective did not smell alcohol or marijuana on the defendant’s breath, and the defendant’s appearance indicated that the defendant was sober. Thomas v. State, 308 Ga. 26, 838 S.E.2d 801, 2020 Ga. LEXIS 92 (2020). Defendant’s confession was not involuntary even though the interrogating officers falsely told the defendant that the victim had woken up and told the officers that the defendant caused the victim’s injuries as the statement that the victim was still alive was truthful and the defendant seemed to place little, if any, reliance on the statements regarding the victim’s health and simply wanted to explain that the death was an accident. Mann v. State, 307 Ga. 696, 838 S.E.2d 305, 2020 Ga. LEXIS 57 (2020). Defendant was not in custody for purposes of Miranda at the time the defendant gave the defendant’s statement, and the statement was properly admitted into evidence, because defendant went to the police station voluntarily and was allowed to leave once the questioning was finished; thus, a reasonable person in defendant’s position would have concluded that the defendant was not under formal arrest and that the defendant’s freedom was not restrained. Jones v. State, 270 Ga. App. 233, 606 S.E.2d 288, 2004 Ga. App. LEXIS 1400 (2004) (decided under former O.C.G.A. § 24-3-50). In action decided under former O.C.G.A. § 24-3-50, a detective’s false claim that the defendant’s DNA was found on the brass knuckles did not affect the 313 Voluntariness (Cont’d) admissibility of the defendant’s confession, made after the defendant knowingly and voluntarily waived Miranda rights. Johnson v. State, 295 Ga. 421, 761 S.E.2d 13, 2014 Ga. LEXIS 541 (2014) (decided under former O.C.G.A. § 24-3-50). Defendant’s statement was not involuntary under former O.C.G.A. § 243-50 because the defendant agreed to be interviewed at the police station, with an attorney, before the defendant was charged, and before the interview, the defendant and the attorney were told by the interviewer that the interviewer wanted to hear the defendant’s side of the story relating to allegations of sexual battery and child molestation; no promises were made to the defendant regarding arrest or sentencing. Pollio v. State, 278 Ga. App. 729, 629 S.E.2d 583, 2006 Ga. App. LEXIS 602 (2006) (decided under former O.C.G.A. § 24-3-50). Testimony that the defendant, who worked as a detention officer, might be fired if the defendant did not talk to the investigator who questioned the defendant was true and was simply a recounting of fact and, thus, did not support a finding that the defendant’s confession was coerced under former O.C.G.A. § 243-50. Duncan v. State, 315 Ga. App. 67, 726 S.E.2d 558, 2012 Ga. App. LEXIS 318 (2012) (decided under former O.C.G.A. § 24-3-50). Defendant’s statements during a second interview with police were voluntary and admissible as the investigator’s statements did not concern a charge or sentence facing the defendant and did not constitute physical or mental torture. Turner v. State, 296 Ga. 394, 768 S.E.2d 458, 2015 Ga. LEXIS 1 (2015) (decided under former O.C.G.A. § 24-3-50). Trial court did not clearly err in denying the defendant’s motion to suppress evidence of the defendant’s confession because, while the detective interviewing the defendant told the defendant that the defendant might garner sympathy by being honest and forthcoming, the officer did not promise a lighter sentence or reduced charges; and a detective’s statement that the detective was getting “pissed off” did 24-8-824 not amount to a threat of injury that rendered the defendant’s confession inadmissible. Burden v. State, 332 Ga. App. 811, 775 S.E.2d 183, 2015 Ga. App. LEXIS 399 (2015) (decided under former O.C.G.A. § 24-3-50). Defendant’s motion to suppress was properly granted in part, excluding any custodial statements the defendant made before the defendant was advised of the defendant’s Miranda rights, but properly denied in part as to the statements made after the defendant received the Miranda warning as the defendant’s statements were voluntary because the officer did not tell the defendant that the defendant would be better off if the defendant confessed or threaten injury if the defendant refused to cooperate as the officer merely warned the defendant of the consequences of lying to the police. Hudson v. State, 353 Ga. App. 223, 836 S.E.2d 217, 2019 Ga. App. LEXIS 676 (2019). Promise not to seek divorce. — Because the promise made by the defendant’s spouse not to seek a divorce if the defendant talked to police regarding the crimes charged did not bear on the question of punishment, and served as merely a collateral benefit, the trial court did not err in finding the defendant’s statement to be voluntary and in denying a motion to suppress the statement. Robbins v. State, 290 Ga. App. 323, 659 S.E.2d 628, 2008 Ga. App. LEXIS 174 (2008), cert. denied, No. S08C1232, 2008 Ga. LEXIS 592 (Ga. June 16, 2008) (decided under former O.C.G.A. § 24-3-50). Confessions were found to be involuntary in the following cases. — See Frain v. State, 40 Ga. 529, 1869 Ga. LEXIS 133 (1869) (decided under former Code 1868, § 3740); Earp v. State, 55 Ga. 136, 1875 Ga. LEXIS 351 (1875) (decided under former Code 1873, § 3793); Burns v. State, 61 Ga. 192, 1878 Ga. LEXIS 68 (1878) (decided under former Code 1873, § 3793); Byrd v. State, 68 Ga. 661, 1882 Ga. LEXIS 79 (1882) (decided under former Code 1873, § 3793); Johnson v. State, 76 Ga. 76, 1885 Ga. LEXIS 24 (1885) (decided under former Code 1882, § 3793); Green v. State, 88 Ga. 516, 15 S.E. 10, 1891 Ga. LEXIS 354 (1891) (decided under former Penal Code 1895, 314 § 1006); Smith v. State, 125 Ga. 252, 54 S.E. 190, 1906 Ga. LEXIS 114 (1906) (decided under former Penal Code 1895, § 1006); Johnson v. State, 1 Ga. App. 129, 57 S.E. 934, 1907 Ga. App. LEXIS 165 (1907) (decided under former Penal Code 1895, § 1006); Adams v. State, 129 Ga. 248, 58 S.E. 822, 1907 Ga. LEXIS 345 (1907) (decided under former Penal Code 1895, § 1006); Hawkins v. State, 6 Ga. App. 109, 64 S.E. 289, 1909 Ga. App. LEXIS 197 (1909) (decided under former Penal Code 1910, § 1032); Morris v. State, 33 Ga. App. 53, 125 S.E. 508, 1924 Ga. App. LEXIS 715 (1924) (decided under former Penal Code 1910, § 1032); Lee v. State, 168 Ga. 554, 148 S.E. 400, 1929 Ga. LEXIS 186 (1929) (decided under former Code 1933, § 38-411); Brown v. State, 52 Ga. App. 536, 183 S.E. 848, 1936 Ga. App. LEXIS 173 (1936) (decided under former Code 1933, § 38-411); Turner v. State, 203 Ga. 770, 48 S.E.2d 522, 1948 Ga. LEXIS 514 (1948) (decided under former Code 1933, § 38-411); Biddy v. State, 127 Ga. App. 212, 193 S.E.2d 31, 1972 Ga. App. LEXIS 836 (1972) (decided under former Code 1933, § 38-411); Jarrell v. State, 234 Ga. 410, 216 S.E.2d 258, 1975 Ga. LEXIS 1151 (1975), cert. denied, 96 S. Ct. 3223, 49 L. Ed. 2d 1218 (1976) (decided under former Code 1933, § 38-411); Porter v. State, 143 Ga. App. 640, 239 S.E.2d 694, 1977 Ga. App. LEXIS 2442 (1977) (decided under former Code 1933, § 38-411); State v. Ray, 272 Ga. 450, 531 S.E.2d 705, 2000 Ga. LEXIS 479 (2000) (decided under former O.C.G.A. § 24-3-50); Patterson v. State, 274 Ga. 713, 559 S.E.2d 472, 2002 Ga. LEXIS 61 (2002) (decided under former O.C.G.A. § 24-3-50). Confessions were properly admitted in the following cases. — See Smith v. State, 139 Ga. 230, 76 S.E. 1016, 1913 Ga. LEXIS 385 (1913) (decided under former Penal Code 1910, § 1032); Sledge v. State, 24 Ga. App. 698, 102 S.E. 31, 1920 Ga. App. LEXIS 467 (1920) (decided under former Penal Code 1910, § 1032); Whitworth v. State, 155 Ga. 395, 117 S.E. 450, 1923 Ga. LEXIS 80 (1923) (decided under former Penal Code 1910, § 1032); Bradberry v. State, 170 Ga. 859, 154 S.E. 344, 1930 Ga. LEXIS 259 (1930) (decided under former Penal Code 1910, § 1032); 24-8-824 White v. State, 177 Ga. 115, 169 S.E. 499, 1933 Ga. LEXIS 129 (1933) (decided under former Penal Code 1910, § 1032); Riley v. State, 180 Ga. 869, 181 S.E. 154, 1935 Ga. LEXIS 589 (1935) (decided under former Code 1933, § 38-411); Simmons v. State, 181 Ga. 761, 184 S.E. 291, 1936 Ga. LEXIS 428 (1936) (decided under former Code 1933, § 38-411); Mincey v. State, 187 Ga. 281, 200 S.E. 144, 1938 Ga. LEXIS 769 (1938) (decided under former Code 1933, § 38-411); Bryant v. State, 191 Ga. 686, 13 S.E.2d 820, 1941 Ga. LEXIS 376 (1941) (decided under former Code 1933, § 38-411); Russell v. State, 196 Ga. 275, 26 S.E.2d 528, 1943 Ga. LEXIS 339 (1943) (decided under former Code 1933, § 38-411); James v. State, 86 Ga. App. 282, 71 S.E.2d 568, 1952 Ga. App. LEXIS 934 (1952) (decided under former Code 1933, § 38-411); Blackwell v. State, 113 Ga. App. 536, 148 S.E.2d 912, 1966 Ga. App. LEXIS 1126 (1966) (decided under former Code 1933, § 38-411); Williams v. State, 244 Ga. 485, 260 S.E.2d 879, 1979 Ga. LEXIS 1304 (1979) (decided under former Code 1933, § 38-411); Gray v. State, 151 Ga. App. 684, 261 S.E.2d 402, 1979 Ga. App. LEXIS 2748 (1979) (decided under former Code 1933, § 38-411); Riden v. State, 151 Ga. App. 654, 261 S.E.2d 409, 1979 Ga. App. LEXIS 2737 (1979) (decided under former Code 1933, § 38-411); Clayton v. State, 156 Ga. App. 285, 274 S.E.2d 682, 1980 Ga. App. LEXIS 3035 (1980) (decided under former Code 1933, § 38411); Lane v. State, 247 Ga. 19, 273 S.E.2d 397, 1981 Ga. LEXIS 589 (1981), overruled in part, Clark v. State, 315 Ga. 423, 883 S.E.2d 317, 2023 Ga. LEXIS 13 (2023) (decided under former Code 1933, § 38411); Copeland v. State, 162 Ga. App. 398, 291 S.E.2d 560, 1982 Ga. App. LEXIS 2187 (1982) (decided under former O.C.G.A. § 24-3-50); McLeod v. State, 170 Ga. App. 415, 317 S.E.2d 253, 1984 Ga. App. LEXIS 2890 (1984) (decided under former O.C.G.A. § 24-3-50); Smith v. State, 190 Ga. App. 702, 379 S.E.2d 643, 1989 Ga. App. LEXIS 315 (1989) (decided under former O.C.G.A. § 24-3-50); Sparks v. State, 232 Ga. App. 179, 501 S.E.2d 562 (decided under former O.C.G.A. § 24-350); Gidden v. State, 234 Ga. App. 268, 506 S.E.2d 448 (decided under former 315 24-8-824 Procedural Considerations Voluntariness (Cont’d) O.C.G.A. § 24-3-50); Heidler v. State, 273 Ga. 54, 537 S.E.2d 44, 2000 Ga. LEXIS 693 (2000), cert. denied, 532 U.S. 1029, 121 S. Ct. 1979, 149 L. Ed. 2d 771, 2001 U.S. LEXIS 3741 (2001) (decided under former O.C.G.A. § 24-3-50); King v. State, 273 Ga. 258, 539 S.E.2d 783, 2000 Ga. LEXIS 886 (2000), cert. denied, 536 U.S. 957, 122 S. Ct. 2659, 153 L. Ed. 2d 834, 2002 U.S. LEXIS 4925 (2002), overruled in part, Clark v. State, 315 Ga. 423, 883 S.E.2d 317, 2023 Ga. LEXIS 13 (2023) (decided under former O.C.G.A. § 24-350). Trial court’s determination that a law enforcement agent’s claim that the defendant orally confessed to selling crack cocaine was more credible than the defendant’s claim that there was no such oral confession was not clearly erroneous, such that the confession was properly admitted pursuant to former O.C.G.A. § 24-3-50. Harris v. State, 297 Ga. App. 589, 677 S.E.2d 763, 2009 Ga. App. LEXIS 486 (2009) (decided under former O.C.G.A. § 24-3-50). Defendant’s testimony supported findings of coercion and duress. — Trial court did not err in suppressing the defendant’s pre-trial statement on voluntariness grounds because the defendant’s testimony regarding statements made by police officers fully supported the trial court’s findings of coercion and duress, and the testimony regarding statements police officers made, expressing anger at the defendant and blaming the defendant for damage to a police car and the death of police dogs, did not constitute inadmissible hearsay when those statements were not offered to prove the truth of the facts asserted therein but to show the defendant’s fear of injury by the officers; the trial court did not err in believing the defendant’s testimony over that of a detective because a portion of the detective’s testimony was successfully impeached, none of the officers testified, and the state did not offer the officers as witnesses until its motion for reconsideration was filed. State v. Lynch, 286 Ga. 98, 686 S.E.2d 244, 2009 Ga. LEXIS 674 (2009) (decided under former O.C.G.A. § 24-3-50). 1. Use as Evidence Voluntariness not a defense. — Accused cannot defend against a criminal charge on the basis that a confession was not voluntary. Robinson v. State, 272 Ga. 752, 533 S.E.2d 718, 2000 Ga. LEXIS 622 (2000) (decided under former O.C.G.A. § 24-3-50). Involuntary statement may not be used for any purpose at trial. — It is a denial of due process of law for the state to use an involuntary statement against a defendant at trial for any purpose. Fain v. State, 165 Ga. App. 188, 300 S.E.2d 197, 1983 Ga. App. LEXIS 3128 (1983) (decided under former O.C.G.A. § 24-3-50). Even though defendant exposed existence of statement. — Fact that defendant exposed the existence of a statement does not render the substance of the statement immune from the requirement for admissibility that the statement be given voluntarily. Fain v. State, 165 Ga. App. 188, 300 S.E.2d 197, 1983 Ga. App. LEXIS 3128 (1983) (decided under former O.C.G.A. § 24-3-50). Hearing required before state seeks to use statement for impeachment or rebuttal. — Once defendant raises the issue of voluntariness of a statement the state wishes to use for impeachment purposes and with a rebuttal witness, the defendant is entitled to a determination of the issue by the trial court before the statement can be used, although not to a separate “Jackson v. Denno, 378 U.S. 368, 84 S. Ct. 1774, 12 L. Ed. 2d 908 (1964)” hearing. Fain v. State, 165 Ga. App. 188, 300 S.E.2d 197, 1983 Ga. App. LEXIS 3128 (1983) (decided under former O.C.G.A. § 24-3-50). Reversible error. — It is always reversible error to allow a confession or incriminatory admission in evidence against the maker thereof when the confession or admission is not free and voluntary or made with the hope of reward or immunity. Bryant v. State, 132 Ga. App. 186, 207 S.E.2d 671, 1974 Ga. App. LEXIS 1640 (1974) (decided under former Code 1933, § 38-411). Not illegal evidence. — Without doubt, confessions must be voluntary, that 316 is, if the confessions are made under the hope of reward or fear of hurt the confessions are not competent; but confessions are not illegal evidence, standing alone. Sconyers v. State, 67 Ga. App. 902, 21 S.E.2d 504, 1942 Ga. App. LEXIS 534 (1942) (decided under former Code 1933, § 38-411); Harrison v. State, 83 Ga. App. 367, 64 S.E.2d 83, 1951 Ga. App. LEXIS 869 (1951) (decided under former Code 1933, § 38-411). Probative value. — If it does not appear that the confessions were not voluntary, and the confessions are introduced without objection, the confessions or incriminating statements are admissible and have probative value. Sconyers v. State, 67 Ga. App. 902, 21 S.E.2d 504, 1942 Ga. App. LEXIS 534 (1942) (decided under former Code 1933, § 38-411). Confession made involuntarily within the meaning of the former statute was without probative value. Allen v. State, 85 Ga. App. 355, 69 S.E.2d 638, 1952 Ga. App. LEXIS 734 (1952) (decided under former Code 1933, § 38-411). If a confession is inadmissible because not voluntarily made, the confession may not be used for impeachment. Green v. State, 154 Ga. App. 295, 267 S.E.2d 898, 1980 Ga. App. LEXIS 2129 (1980) (decided under former Code 1933, § 38-411). Confessions of a principal felon, as to the felon’s own guilt, are competent evidence to show that fact on the trial of the accessory, but the confessions must be such as would be competent evidence on the trial of the principal, and must not be induced by another with the slightest hope of benefit or remotest fear of injury to the party making the confessions. Smith v. State, 46 Ga. 298, 1872 Ga. LEXIS 59 (1872) (decided under former Code 1868, § 3740). Codefendant’s confession. — Defendant has no standing to complain of the voluntariness of the codefendant’s confession. Myrick v. State, 155 Ga. App. 496, 271 S.E.2d 637, 1980 Ga. App. LEXIS 2634 (1980) (decided under former Code 1933, § 38-411). When oral confession was incorporated in written confession, any error in the confession’s admission for jury 24-8-824 consideration is harmless. Hammond v. State, 157 Ga. App. 647, 278 S.E.2d 188, 1981 Ga. App. LEXIS 1951 (1981) (decided under former Code 1933, § 38-411). New trial not required. — Admission into evidence of testimony as to a confession by defendant given in hope of reward did not require a new trial since another witness testified without objection to the same facts. Jones v. State, 181 Ga. 19, 181 S.E. 80, 1935 Ga. LEXIS 11 (1935) (decided under former Code 1933, § 38-411). Videotaped confession not admissible after plea agreement void. — When a plea agreement was conditioned on defendant’s giving a videotaped statement and, after defendant accepted the deal and gave the statement, defendant decided to plead not guilty, the statement was not admissible at defendant’s trial. Corthran v. State, 268 Ga. 443, 491 S.E.2d 66 (decided under former O.C.G.A. § 243-50). Defendants taped telephone conversation properly admitted. — Admission of the defendant’s secretly-taped telephone conversation with a coconspirator did not violate former O.C.G.A. §§ 243-50 and 24-9-20 (see now O.C.G.A. §§ 245-506 and 24-8-824); the elicitation of the defendant’s unguarded response to a perceived confidante regarding the circumstances of the crimes in which they had both participated was clearly designed to procure an unfiltered, genuine statement from the defendant. Further, absent any evidence that the police investigative techniques were designed to induce the slightest hope of benefit or fear of injury, the resulting statements were not rendered involuntary. Thorpe v. State, 285 Ga. 604, 678 S.E.2d 913, 2009 Ga. LEXIS 390 (2009) (decided under former O.C.G.A. § 24-3-50). Admonishment to tell the truth and that defendant safer in custody. — With regard to a defendant’s convictions for felony murder, with the underlying felony being rape, among other crimes, the trial court did not err by admitting the defendant’s statements made to the police into evidence since the statements were not induced by fear of injury and hope of benefit. Specifically, the detectives’ admonishing the defendant to be truthful 317 24-8-824 387 (2016), cert. denied, No. S16C1806, 2017 Ga. LEXIS 114 (Ga. Feb. 27, 2017). Use as Evidence (Cont’d) was not a hope of benefit rendering the defendant’s confession inadmissible nor did the detectives’ suggestion that the defendant would be safer in custody induce fear of injury. Mangrum v. State, 285 Ga. 676, 681 S.E.2d 130, 2009 Ga. LEXIS 316 (2009) (decided under former O.C.G.A. § 24-3-50). Voluntariness established. — A defendant’s contention that the defendant’s custodial statements, made without counsel present, should have been suppressed under former O.C.G.A. § 24-3-50 because the defendant was read the defendant’s rights, confirmed that those rights were understood, and signed a waiver of rights, and the officer repeatedly told the defendant that the officer could not promise the defendant any benefit. Stevens v. State, 286 Ga. 692, 690 S.E.2d 816, 2010 Ga. LEXIS 241 (2010) (decided under former O.C.G.A. § 24-3-50). Trial court properly admitted the defendant’s jailhouse statements as voluntary, spontaneous outbursts, made in an encounter that the defendant initiated, not in response to any questioning as the statements were made several hours after the defendant’s interrogation, the statements were made in a different location than that interrogation, and the statements were made to different officers, which demonstrated a sufficient break from the defendant’s earlier, involuntary statements to render the defendant’s jailhouse statements voluntary and admissible. Ellington v. State, 292 Ga. 109, 735 S.E.2d 736, 2012 Ga. LEXIS 965 (2012), overruled in part, Willis v. State, 304 Ga. 686, 820 S.E.2d 640, 2018 Ga. LEXIS 685 (2018) (decided under former O.C.G.A. § 24-3-50). Statement made during plea negotiations. — Trial court erred by allowing the defendant’s pre-trial statement, made without the defendant being advised under Miranda, to be used for impeachment purposes because the statement was made as part of plea negotiations and was not the product of the defendant’s own mind or a tactical decision of defense counsel. Babbitt v. State, 337 Ga. App. 553, 789 S.E.2d 205, 2016 Ga. App. LEXIS 2. Preliminary Proceedings Former statute required as an indispensable foundation to the introduction of an alleged confession a showing that the confession was freely and voluntarily made and that the confession was not induced by another by the slightest fear of punishment nor the remotest hope of reward. Sims v. State, 221 Ga. 190, 144 S.E.2d 103, 1965 Ga. LEXIS 416 (1965), rev’d, 385 U.S. 538, 87 S. Ct. 639, 17 L. Ed. 2d 593, 1967 U.S. LEXIS 2451 (1967) (decided under former O.C.G.A. § 24-350). Equal application to state and private actions. — Requirement of former O.C.G.A. § 24-3-50 for a hearing on the voluntariness of confessions applies equally to state and private actions. Griffin v. State, 230 Ga. App. 318, 496 S.E.2d 480 (decided under former O.C.G.A. § 243-50). Separate hearing required. — When a confession is challenged, as by objection to the confession’s introduction in evidence, a separate hearing on the question of voluntariness must be held before the trial judge but when no challenge is made or ruling invoked, there is no requirement for such a hearing. Smith v. State, 131 Ga. App. 605, 206 S.E.2d 708, 1974 Ga. App. LEXIS 1488 (1974) (decided under former Code 1933, § 38-411). When the voluntariness of a confession is questioned it is necessary under the decision in Jackson v. Denno, 378 U.S. 368, 378 U.S. 368, 12 L. Ed. 2d 908, 1 A.L.R.3d 1205 (1964) to have a separate hearing as to the confession’s voluntariness before the confession is finally presented to the jury for consideration as to the confession’s voluntariness. In the absence of a proper objection, however, there is no requirement for such a hearing. James v. State, 223 Ga. 677, 157 S.E.2d 471, 1967 Ga. LEXIS 659 (1967) (decided under former Code 1933, § 38-411); Royals v. State, 155 Ga. App. 378, 270 S.E.2d 906, 1980 Ga. App. LEXIS 2587 (1980) (decided under former Code 1933, § 38411). In a prosecution for theft by taking, defendants were entitled to a preliminary 318 hearing and threshold determination by the trial court on the voluntariness of written confessions defendants gave to an employee of a retail store. Griffin v. State, 230 Ga. App. 318, 496 S.E.2d 480 (decided under former O.C.G.A. § 24-3-50). Requirement for a hearing on the issue of voluntariness applies only if the evidence presents a fair question as to the confession’s voluntariness. Carter v. State, 239 Ga. App. 549, 521 S.E.2d 590 (decided under former O.C.G.A. § 24-350). Burden of proof as to the voluntariness of a confession is upon the state. McLemore v. State, 181 Ga. 462, 182 S.E. 618, 1935 Ga. LEXIS 126 (1935) (decided under former Code 1933, § 38-411); Smith v. State, 132 Ga. App. 491, 208 S.E.2d 351, 1974 Ga. App. LEXIS 1725 (1974) (decided under former Code 1933, § 38-411); Jones v. State, 245 Ga. 592, 266 S.E.2d 201, 1980 Ga. LEXIS 869 (1980) (decided under former Code 1933, § 38-411); Cofield v. State, 247 Ga. 98, 274 S.E.2d 530, 1981 Ga. LEXIS 633 (1981) (decided under former Code 1933, § 38-411). Burden of proof can shift. When such confession is shown to have been freely and voluntarily made, the burden is then on the defendant to show that the confession was not so made. Bradberry v. State, 170 Ga. 859, 154 S.E. 344, 1930 Ga. LEXIS 259 (1930) (decided under former Penal Code 1910, § 1032). Standard for determining the admissibility of confessions is the preponderance of the evidence. Pierce v. State, 235 Ga. 237, 219 S.E.2d 158, 1975 Ga. LEXIS 842 (1975) (decided under former Code 1933, § 38-411); Gates v. State, 244 Ga. 587, 261 S.E.2d 349, 1979 Ga. LEXIS 1340 (1979), cert. denied, 445 U.S. 938, 100 S. Ct. 1332, 63 L. Ed. 2d 772 (1980) (decided under former Code 1933, § 38-411); Jones v. State, 245 Ga. 592, 266 S.E.2d 201, 1980 Ga. LEXIS 869 (1980) (decided under former Code 1933, § 38411); Lee v. State, 154 Ga. App. 562, 269 S.E.2d 65, 1980 Ga. App. LEXIS 2286 (1980) (decided under former Code 1933, § 38-411); Etterle v. State, 155 Ga. App. 210, 270 S.E.2d 376, 1980 Ga. App. LEXIS 2530 (1980) (decided under former Code 1933, § 38-411); Whitacre v. State, 155 24-8-824 Ga. App. 359, 270 S.E.2d 894, 1980 Ga. App. LEXIS 2578 (1980) (decided under former Code 1933, § 38-411); Bridges v. State, 155 Ga. App. 369, 271 S.E.2d 25, 1980 Ga. App. LEXIS 2582 (1980) (decided under former Code 1933, § 38-411); Fowler v. State, 246 Ga. 256, 271 S.E.2d 168, 1980 Ga. LEXIS 1071 (1980) (decided under former Code 1933, § 38-411); Tyler v. State, 247 Ga. 119, 274 S.E.2d 549, 1981 Ga. LEXIS 641, cert. denied, 454 U.S. 882, 102 S. Ct. 364, 70 L. Ed. 2d 191 (1981). Prima facie showing as to a confession’s voluntary character must be made before the confession is admissible into evidence, and if this preliminary proof fails to make such a showing, the confession or statement must be excluded. Bryant v. State, 191 Ga. 686, 13 S.E.2d 820, 1941 Ga. LEXIS 376 (1941) (decided under former Code 1933, § 38-411); Sconyers v. State, 67 Ga. App. 902, 21 S.E.2d 504, 1942 Ga. App. LEXIS 534 (1942) (decided under former Code 1933, § 38411); Garrett v. State, 203 Ga. 756, 48 S.E.2d 377, 1948 Ga. LEXIS 505 (1948) (decided under former Code 1933, § 38411); Phillips v. State, 206 Ga. 418, 57 S.E.2d 555, 1950 Ga. LEXIS 363 (1950) (decided under former Code 1933, § 38411); Lemon v. State, 80 Ga. App. 854, 57 S.E.2d 626, 1950 Ga. App. LEXIS 798 (1950) (decided under former Code 1933, § 38-411). Grounds for exclusion. — Until it affirmatively appears from testimony, without question, that proposed confession was freely and voluntarily made, without any extraneous inducement, the statement alleged to have been a confession must be excluded. McLemore v. State, 181 Ga. 462, 182 S.E. 618, 1935 Ga. LEXIS 126 (1935) (decided under former Code 1933, § 38-411); Russell v. State, 196 Ga. 275, 26 S.E.2d 528, 1943 Ga. LEXIS 339 (1943) (decided under former Code 1933, § 38-411). Requirements for prima facie case. — Alleged confession should be affirmatively shown to have been made without the slightest hope of benefit or remotest fear of injury before the state has succeeded in making a prima facie case as will establish that the confession was free from extraneous inducement. McLemore 319 Preliminary Proceedings (Cont’d) v. State, 181 Ga. 462, 182 S.E. 618, 1935 Ga. LEXIS 126 (1935) (decided under former Code 1933, § 38-411); Russell v. State, 196 Ga. 275, 26 S.E.2d 528, 1943 Ga. LEXIS 339 (1943) (decided under former Code 1933, § 38-411); Lemon v. State, 80 Ga. App. 854, 57 S.E.2d 626, 1950 Ga. App. LEXIS 798 (1950) (decided under former Code 1933, § 38-411). Trial court must consider the totality of the circumstances to determine whether the state has proven that a confession was made voluntarily. Gates v. State, 244 Ga. 587, 261 S.E.2d 349, 1979 Ga. LEXIS 1340 (1979), cert. denied, 445 U.S. 938, 100 S. Ct. 1332, 63 L. Ed. 2d 772 (1980); Lee v. State, 154 Ga. App. 562, 269 S.E.2d 65, 1980 Ga. App. LEXIS 2286 (1980) (decided under former Code 1933, § 38-411); Fowler v. State, 246 Ga. 256, 271 S.E.2d 168, 1980 Ga. LEXIS 1071 (1980) (decided under former Code 1933, § 38-411); Bassett v. State, 154 Ga. App. 829, 285 S.E.2d 260 (1981) (decided under former Code 1933, § 38-411); Franklin v. State, 249 Ga. App. 834, 549 S.E.2d 794, 2001 Ga. App. LEXIS 640 (2001) (decided under former O.C.G.A. § 24-3-50). Inferences not acceptable. — On preliminary examination by the court, a witness should be permitted, over objection, to state an inference drawn from “collective facts” or to state in a shorthand way that a confession was freely and voluntarily made, without stating the circumstances under which the confession was made. Lemon v. State, 80 Ga. App. 854, 57 S.E.2d 626, 1950 Ga. App. LEXIS 798 (1950) (decided under former Code 1933, § 38-411). Defendant’s evidence. — If the evidence for the state makes out a prima facie case for the admission of such a confession, the court is not bound, before admitting the confession, to hear evidence on behalf of the accused, tending to show coercion or improper inducement in the confession’s procurement. McLemore v. State, 181 Ga. 462, 182 S.E. 618, 1935 Ga. LEXIS 126 (1935) (decided under former Code 1933, § 38-411); Lemon v. State, 80 Ga. App. 854, 57 S.E.2d 626, 1950 Ga. App. LEXIS 798 (1950) (decided under former Code 1933, § 38-411). 24-8-824 A hearing at which the defendant is not allowed to present testimony on the surrounding circumstances affecting the voluntariness of the defendant’s statements does not meet the standards of Jackson v. Denno, 1964 U.S. LEXIS 826, 378 U.S. 368, 84 S. Ct. 1774, 12 L. Ed. 2d 908, 28 Ohio Op. 2d 177, 1 A.L.R.3d 1205 (1964) (decided under former Code 1933, § 38411); Pittman v. State, 245 Ga. 453, 265 S.E.2d 592, 1980 Ga. LEXIS 818 (1980) (decided under former Code 1933, § 38411). In making a determination of the voluntariness of a confession the defendant’s testimony is relevant and such proof must be allowed if the defendant elects to testify in this regard. Stone v. State, 155 Ga. App. 357, 271 S.E.2d 22, 1980 Ga. App. LEXIS 2576 (1980) (decided under former Code 1933, § 38-411). When the voluntariness of a statement is not challenged, no violation of former O.C.G.A. § 24-3-50 is asserted, and no hearing under Jackson v. Denno, 378 U.S. 368 (84 SC 1774, 12 L. Ed. 2d 908) (1964) is required. Ward v. State, 242 Ga. App. 246, 529 S.E.2d 378, 2000 Ga. App. LEXIS 141 (2000) (decided under former O.C.G.A. § 24-3-50). Question for jury. — Once the state had made a prima facie showing of voluntariness, the question of whether or not defendant’s statement was freely and voluntarily given is one of fact for the jury’s determination. Griner v. State, 121 Ga. 614, 49 S.E. 700, 1905 Ga. LEXIS 24 (1905) (decided under former Penal Code 1895, § 1006); Cantrell v. State, 141 Ga. 98, 80 S.E. 649, 1913 Ga. LEXIS 335 (1913) (decided under former Penal Code 1910, § 1032); Thomas v. State, 169 Ga. 182, 149 S.E. 871, 1929 Ga. LEXIS 308 (1929) (decided under former Penal Code 1910, § 1032); Bradberry v. State, 170 Ga. 859, 154 S.E. 344, 1930 Ga. LEXIS 259 (1930) (decided under former Penal Code 1910, § 1032); Goodwin v. State, 45 Ga. App. 593, 165 S.E. 453, 1932 Ga. App. LEXIS 620 (1932) (decided under former Code 1933, § 38-411); McLemore v. State, 181 Ga. 462, 182 S.E. 618, 1935 Ga. LEXIS 126 (1935) (decided under former Code 1933, § 38-411); Bryant v. State, 191 Ga. 686, 13 S.E.2d 820, 1941 Ga. LEXIS 320 376 (1941) (decided under former Code 1933, § 38-411); Sconyers v. State, 67 Ga. App. 902, 21 S.E.2d 504, 1942 Ga. App. LEXIS 534 (1942) (decided under former Code 1933, § 38-411); Russell v. State, 196 Ga. 275, 26 S.E.2d 528, 1943 Ga. LEXIS 339 (1943) (decided under former Code 1933, § 38-411); Stroup v. Mount, 197 Ga. 804, 30 S.E.2d 477, 1944 Ga. LEXIS 321 (1944) (decided under former Code 1933, § 38-411); Byars v. State, 73 Ga. App. 727, 38 S.E.2d 53, 1946 Ga. App. LEXIS 400 (1946) (decided under former Code 1933, § 38-411); Garrett v. State, 203 Ga. 756, 48 S.E.2d 377, 1948 Ga. LEXIS 505 (1948) (decided under former Code 1933, § 38-411); Jackson v. State, 77 Ga. App. 635, 49 S.E.2d 198, 1948 Ga. App. LEXIS 606 (1948), cert. denied, 335 U.S. 905, 69 S. Ct. 403, 93 L. Ed. 439, 1949 U.S. LEXIS 2912 (1949); Moore v. State, 221 Ga. 636, 146 S.E.2d 895, 1966 Ga. LEXIS 658 (1966) (decided under former Code 1933, § 38-411); ; Trask v. State, 132 Ga. App. 645, 208 S.E.2d 591, 1974 Ga. App. LEXIS 1776 (1974) (decided under former Code 1933, § 38-411); Frazier v. State, 150 Ga. App. 343, 258 S.E.2d 29, 1979 Ga. App. LEXIS 2305 (1979) (decided under former Code 1933, § 38-411); Meyer v. State, 150 Ga. App. 613, 258 S.E.2d 217, 1979 Ga. App. LEXIS 2228 (1979), cert. denied, 445 U.S. 952, 100 S. Ct. 1602, 63 L. Ed. 2d 788, 1980 U.S. LEXIS 1341 (1980) (decided under former Code 1933, § 38-411); Simonton v. State, 151 Ga. App. 431, 260 S.E.2d 487, 1979 Ga. App. LEXIS 2561 (1979) (decided under former Code 1933, § 38-411); Doucet v. State, 153 Ga. App. 775, 266 S.E.2d 554, 1980 Ga. App. LEXIS 1976 (1980) (decided under former Code 1933, § 38-411); Myrick v. State, 155 Ga. App. 496, 271 S.E.2d 637, 1980 Ga. App. LEXIS 2634 (1980) (decided under former Code 1933, § 38-411). 3. Instructions Omission to charge on the law of confessions, in the absence of a timely request, is not error. Allen v. State, 187 Ga. 178, 200 S.E. 109, 1938 Ga. LEXIS 756 (1938) (decided under former Code 1933, § 38-411); Mims v. State, 188 Ga. 702, 4 S.E.2d 831, 1939 Ga. LEXIS 624 24-8-824 (1939) (decided under former Code 1933, § 38-411); Sconyers v. State, 67 Ga. App. 902, 21 S.E.2d 504, 1942 Ga. App. LEXIS 534 (1942) (decided under former Code 1933, § 38-411); Murray v. State, 214 Ga. 350, 104 S.E.2d 905, 1958 Ga. LEXIS 420 (1958) (decided under former Code 1933, § 38-411); Staggers v. State, 101 Ga. App. 463, 114 S.E.2d 142, 1960 Ga. App. LEXIS 897 (1960) (decided under former Code 1933, § 38-411); McCorquodale v. State, 233 Ga. 369, 211 S.E.2d 577, 1974 Ga. LEXIS 767 (1974), cert. denied, 96 S. Ct. 3223, 49 L. Ed. 2d 1218 (1976); Welch v. State, 235 Ga. 243, 219 S.E.2d 151, 1975 Ga. LEXIS 846 (1975) (decided under former Code 1933, § 38-411). Charge on the law of confessions, when unauthorized by the evidence, constitutes reversible error. Allen v. State, 187 Ga. 178, 200 S.E. 109, 1938 Ga. LEXIS 756 (1938) (decided under former Code 1933, § 38-411); Johnson v. State, 240 Ga. 528, 50 S.E.2d 334 (1948) (decided under former Code 1933, § 38-411); Carter v. State, 90 Ga. App. 61, 81 S.E.2d 868, 1954 Ga. App. LEXIS 629 (1954) (decided under former Code 1933, § 38411); Sanford v. State, 153 Ga. App. 541, 265 S.E.2d 868, 1980 Ga. App. LEXIS 1891 (1980) (decided under former Code 1933, § 38-411). Law on confessions was properly charged in the following cases. — See Oglesby v. State, 80 Ga. App. 493, 56 S.E.2d 637, 1949 Ga. App. LEXIS 868 (1949) (decided under former Code 1933, § 38-411); Philpot v. State, 212 Ga. 79, 90 S.E.2d 577, 1955 Ga. LEXIS 553 (1955) (decided under former Code 1933, § 38411); Weatherby v. State, 213 Ga. 188, 97 S.E.2d 698, 1957 Ga. LEXIS 338 (1957) (decided under former Code 1933, § 38411); Kennedy v. State, 156 Ga. App. 792, 275 S.E.2d 339, 1980 Ga. App. LEXIS 3202 (1980) (decided under former Code 1933, § 38-411); Kirton v. State, 246 Ga. App. 670, 541 S.E.2d 673, 2000 Ga. App. LEXIS 1325 (2000) (decided under former O.C.G.A. § 24-3-50). If the defendant wanted an elaboration of the charge actually given on confessions, the defendant should have submitted a timely written request. Webb v. State, 73 Ga. App. 748, 38 S.E.2d 54, 321 Instructions (Cont’d) 1946 Ga. App. LEXIS 404 (1946) (decided under former Code 1933, § 38-411). Trial court not required to give instruction absent specific request. — Because the defendant failed to request a charge on voluntariness of confessions and consideration of statements, admissions, and confessions, the defendant was precluded from asserting error on that basis; the trial court did not need to give an instruction on voluntariness of confessions absent a specific request therefor. Thorpe v. State, 285 Ga. 604, 678 S.E.2d 913, 2009 Ga. LEXIS 390 (2009) (decided under former O.C.G.A. § 24-3-50). Jury instruction not applicable to testimony of witness other than defendant. — Trial court did not err by denying the defendant’s request to instruct the jury regarding the voluntariness of an eyewitness’s prior inconsistent statement to police in which the eyewitness, the defendant’s girlfriend, implicated the defendant in the victim’s murder because the charge requested was based on a statute regarding the admissibility of a confession; and the charge requested was not applicable to the testimony of a witness other than the defendant. Poellnitz v. State, 296 Ga. 134, 765 S.E.2d 343, 2014 Ga. LEXIS 889 (2014) (decided under former O.C.G.A. § 24-3-50). 4. Review Failure of defendant to request hearing. — When the defendant did not request a hearing under former O.C.G.A. § 24-3-50 as to the admissibility and voluntariness of defendant’s non-custodial admission, the appellate court had no jurisdiction to address the failure of the trial court to conduct a hearing as to that issue. Hawkins v. State, 236 Ga. App. 346, 512 S.E.2d 59 (decided under former O.C.G.A. § 24-3-50). Since there was no evidence a confession was false, the conclusion that the confession was voluntary was not clearly erroneous. Pinckney v. State, 259 Ga. App. 309, 576 S.E.2d 574, 2003 Ga. App. LEXIS 19 (2003), cert. denied, No. S03C0816, 2003 Ga. LEXIS 520 (Ga. May 5, 2003) 24-8-824 (decided under former O.C.G.A. § 24-350). Ineffective assistance of counsel for failing to suppress statements to detectives. — Trial counsel did not provide ineffective assistance by not moving to suppress incriminating statements that the defendant made to detectives at the defendant’s house because the defendant did not show, inter alia, a reasonable probability that the outcome of the trial would have been different had the statements been suppressed based on the other incriminating evidence against the defendant. Lucas v. State, 328 Ga. App. 741, 760 S.E.2d 257, 2014 Ga. App. LEXIS 570 (2014). Failure to include videotaped statement within appellate record. — Defendant failed to include the videotape or a transcript of the audio portion in the appellate record and the appellate court was unable to review defendant’s contention that the trial court erred by denying the motion to suppress the videotaped statement to the police on the ground that certain comments by the interviewing detective constituted a hope of benefit. Clark v. State, 279 Ga. 243, 611 S.E.2d 38, 2005 Ga. LEXIS 241 (2005) (decided under former O.C.G.A. § 24-3-50). Judge’s conclusion that the confession is voluntary must appear from the record with unmistakable clarity, although the judge need not make formal findings of fact or write an opinion. When there has been no ruling on the issue of voluntariness made with the required “unmistakable clarity,” remand with instruction to conduct a further hearing and make a determination of voluntariness may be appropriate. Cofield v. State, 247 Ga. 98, 274 S.E.2d 530, 1981 Ga. LEXIS 633 (1981) (decided under former Code 1933, § 38-411). It is the duty of the Supreme Court of Georgia to independently review the evidence to determine whether the state has carried the state’s burden of proving the admissibility of the accused’s confession by a preponderance of the evidence. Brooks v. State, 244 Ga. 574, 261 S.E.2d 379, 1979 Ga. LEXIS 1338 (1979), vacated in part, 446 U.S. 961, 100 S. Ct. 322 2937, 64 L. Ed. 2d 821 (1980) (decided under former Code 1933, § 38-411). Appellate court upholds Jackson v. Denno findings. — Trial court sits as the factfinder in a Jackson-Denno hearing (Jackson v. Denno, 378 U.S. 368 (1964)) regarding the voluntariness of a confession and its resolution of factual issues will be upheld by an appellate court unless it is clearly erroneous. Harrison v. State, 253 Ga. App. 179, 558 S.E.2d 760, 2002 Ga. App. LEXIS 10 (2002) (decided under former O.C.G.A. § 24-3-50). Unless clearly erroneous, a trial court’s findings as to factual determinations and credibility relating to the admissibility of a confession will be upheld on appeal. Gates v. State, 244 Ga. 587, 261 S.E.2d 349, 1979 Ga. LEXIS 1340 (1979), cert. denied, 445 U.S. 938, 100 S. Ct. 1332, 63 L. Ed. 2d 772 (1980); Green v. State, 154 Ga. App. 295, 267 S.E.2d 898, 1980 Ga. App. LEXIS 2129 (1980) (decided under former Code 1933, § 38-411); Etterle v. State, 155 Ga. App. 210, 270 S.E.2d 376, 1980 Ga. App. LEXIS 2530 (1980) (decided under former Code 1933, § 38-411); Phipps v. State, 155 Ga. App. 229, 270 S.E.2d 393, 1980 Ga. App. LEXIS 2538 (1980) (decided under former Code 1933, § 38-411); Whitacre v. State, 155 Ga. App. 359, 270 S.E.2d 894, 1980 Ga. App. LEXIS 2578 (1980) (decided under former Code 1933, § 38-411); Fowler v. State, 246 Ga. 256, 271 S.E.2d 168, 1980 Ga. LEXIS 1071 (1980) (decided under former Code 1933, § 38-411); Cofield v. State, 247 Ga. 98, 274 S.E.2d 530, 1981 Ga. LEXIS 633 (1981) (decided under former Code 1933, § 38411); Tyler v. State, 247 Ga. 119, 274 S.E.2d 549, 1981 Ga. LEXIS 641, cert. denied, 454 U.S. 882, 102 S. Ct. 364, 70 L. Ed. 2d 191 (1981) (decided under former 24-8-824 Code 1933, § 38-411); Caffo v. State, 247 Ga. 751, 279 S.E.2d 678, 1981 Ga. LEXIS 876 (1981) (decided under former Code 1933, § 38-411). Determinations regarding the facts and witness credibility are entirely within the purview of the trial court and will not be disturbed unless such determinations are clearly erroneous. Ward v. State, 234 Ga. App. 610, 507 S.E.2d 506 (decided under former O.C.G.A. § 24-3-50). Trial court’s denial of defendant’s motion to suppress defendant’s statement to police was proper and not clearly erroneous because the statement was found to have been made voluntarily, without the slightest hope of benefit or remotest fear of injury under former O.C.G.A. § 24-350; as the police officer’s statements to defendant were nothing more than routine police questioning, aimed at eliciting a response from defendant in custody, and statements from the officer that defendant may not have intended to kill the victim did not amount to a hope of benefit, nor did a statement that defendant would not be prosecuted on drug charges give defendant any hope of benefit, as it was made because there was no evidence of the drugs. Pittman v. State, 277 Ga. 475, 592 S.E.2d 72, 2004 Ga. LEXIS 4 (2004) (decided under former O.C.G.A. § 24-3-50). Law of the case. — Because the supreme court ruled adversely to the defendant in the defendant’s first appeal on the issue of whether an incriminating statement the defendant made during a custodial interrogation should have been suppressed as involuntarily made, that decision was the law of the case. Foster v. State, 290 Ga. 599, 723 S.E.2d 663, 2012 Ga. LEXIS 198 (2012) (decided under former O.C.G.A. § 24-3-50).