The murder of an Atlanta rapper in December 2010 - the tragic result of an argument between two recording artists, reportedly over candy - has led to charges of murder, felony murder, possession of a firearm during commission of a felony and aggravated assault. Although the victim was rushed from the Atlanta recording studio to the hospital, he soon died. He was 24 years old.

The man who allegedly shot the victim has turned himself in to authorities. The charges he faces, including felony murder, are substantial. Felony murder occurs when a homicide happens during the commission of another felony. In Georgia, felony murder carries a mandatory sentence of life in prison or the death penalty.

In addition, a conviction for aggravated assault can result in a prison sentence of up to 20 years. Georgia aggravated assault is an assault that occurs with a deadly weapon; with the intent to murder, rob or rape the victim; or as part of a drive-by shooting.

At the time of the shooting death, the defendant was free on bond for an aggravated assault charge. A trial date for the killing still needs to be set. The argument that reportedly started over candy, leading to a devastating end, continues to reverberate through Georgia's criminal law system.

Source: "Grand jury indicts suspect in Atlanta rapper Slim Dunkin killing," CBS News, 3/21/12

According to the Supreme Court, he was told he was free to leave and return to his cell at least twice, but the deputies were armed during the interrogation. Fields confessed during the interrogation and testimony from the trial indicated that while he "no longer wanted to talk to the deputies, but he did not ask to return to his cell."

Custody?

Justice Alito, writing for the majority, found Fields was not in custody, because he was told he could leave at any time. Alito spends much of his opinion parsing closely the language of Miranda and later precedent to find justification for the lack of the Miranda warnings.

The fact he was in prison means he was not "shocked" by being isolated and questioned by deputies in the same way an ordinary citizen might be. Further, because they are in prison, the "inherently compelling pressures" that a citizen off the street might feel are absent. After the questioning, they know they are going back to a cell.

Justice Alito also notes a prisoner knows the officers have limited authority to "free" him and they know they are already incarcerated, and no matter what they say, they will not go free at the end of the questioning. Because the conditions that gave rise to the necessity of the Miranda rights are not present here, he finds no violation of the Fifth Amendment.

Justice Ginsberg dissents, finding that an "incommunicado interrogation in a police-dominated atmosphere" demands the reading of the Miranda rights. She notes he was removed from his cell in the evening and questioned by armed deputies late into the night and early the next morning.

While he was told he could return to his cell, Fields did not believe that the deputies would have allowed him to return. He told the deputies he did not want to speak with them any longer, but because he did not ask explicitly to return to his cell, the Court interprets this to mean a "reasonable person would have felt free to terminate the interview and leave."

Anything you say...

Once again, the Supreme Court reminds all those facing criminal charges or interacting with the police that there is never a "safe" reason to speak with the police, absent going through your attorney. The words of Miranda should always echo when dealing with the police "Anything [you] say can and will be used against [you] in a court of law."

Source: "New Ruling Puts Limits on Warning to Prisoners," Adam Liptak, New York Times, 2/21/12

Across the United States, as many as 12,000 people could be affected by the sentencing change. The Middle District of Georgia is home to about 30 federal prisoners, sentenced for some offense involving crack cocaine, that would be eligible for immediate release based on retroactive application of the Fair Sentencing Act. The change took effect Tuesday, November 1; the FBI reported that about 500 inmates were immediately released from federal prisons across the United States.

One of the problems with the disparity in federal sentencing for powder cocaine offenses versus crack cocaine offenses is that it often resulted in longer sentences for minorities who were more likely to use the cheaper crack form rather than the more expensive powder form of cocaine. Although drug offenses are generally not considered, on their own, to be violent crimes, sentences for crack cocaine offenses often were the same as, or exceeded, those for violent crime convictions. One Georgia woman was sentenced to 27 years for a crack cocaine-related offense.

Both the state of Georgia and the United States have outlawed possession, manufacture, sale or distribution of specific controlled substances, including marijuana, methamphetamine, heroin, cocaine and other drugs. If the Georgia State Police or local police are conducting the investigation, it is likely that a Georgia criminal drug charge or charges are involved. On the other hand, if the FBI, or other federal agency, is conducting the investigation, it is likely that a federal criminal drug charge is pending and any case will be heard in federal court. A Georgia criminal defense attorney can explain whether criminal drug charges you are facing are federal or state charges.

Source: Georgia Public Broadcasting, "Crack Cocaine Case Review May Free Inmates," 1 November 2011

In Georgia, the violent crime of killing of another person is not classified by degrees as in many other states. There is no first or second degree murder charge in Georgia. Homicide, in Georgia, is classed as one of the following: malice murder, felony murder, voluntary manslaughter or involuntary manslaughter.

Each state has its own laws regarding what constitutes self defense and in what situations deadly force may be used to defend yourself, someone else or your property. In Georgia, the use of deadly force, in this case a gun, is allowable only if that person believes it is necessary to prevent his or her own death or the death of another; serious injury to him or herself or a another person; or the commission of a forcible felony.

A forcible felony involves the threat to use, or the use of, physical force or violence against another during the commission of a felony. In Georgia, a felony is any crime that may be punishable by a prison sentence longer than 12 months and up to life in prison, or by death.

When deadly force is used to defend a home, rather than a person, from an intruder, self defense may also be a valid defense to a related homicide. A Macon homicide defense attorney can further explain available defenses to charges of murder or manslaughter.

Source: 13WMAZ, "Police: No Charges For Man Who Killed Alleged Burglar," 28 October 2011

From I-75 south to Florida and north to Tennessee, I-20 and I-85 east to South Carolina and west to Alabama and all roadways in between, drivers should expect zero-tolerance for any violation of Georgia DUI laws over the holiday weekend.

Out-of-State Drivers Charged With a Georgia DUI

While law enforcement will be looking for anyone behind the wheel driving impaired regardless of whether you call Macon, another Georgia city or another state home, those just passing through or vacationing in Georgia may have the most trouble with this program. Defending yourself against a DUI charge is important, regardless of where you call home, but defending yourself against an out-of-state DUI charge in a courtroom that may be hundreds of miles from your home can be that much more difficult.

• Information about the Georgia DUI charge and any penalties will be shared with your home state.
• A Georgia DUI can result in the suspension of your non-Georgia driver's license.

Basically, the DUI charge and sentence will follow you when you leave Georgia. You cannot simply ignore the charge or the consequences by returning home. 

From August 19 through September 5, Georgia law enforcement agencies, including local police departments, sheriffs' deputies and state troopers will be working together to promote awareness of the dangers of drinking and driving as well as heightened enforcement as part of Georgia's zero-tolerance policy against drunk driving. Operation Zero Tolerance, Drive Sober or Get Pulled Over and the Hands Across the Border initiatives are all part of the nationwide Labor Day campaign targeting drunk and impaired drivers.

Source: 20th "Hands Across the Border" DUI Enforcement