X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

After a jury trial, Appellant Michael James Turner was found guilty of malice murder, felony murder, aggravated assault, and possession of a firearm during the commission of a crime. Treating the felony murder verdict as surplusage, the trial court sentenced Appellant to life imprisonment for malice murder, a concurrent term of twenty years imprisonment for the aggravated assault offense and a consecutive term of five years for the weapons charge. Appellant appeals after the denial of a motion for new trial. 1. Construed most strongly in support of the verdicts, the evidence shows that, in the early morning of July 12, 2007, Appellant confronted his wife Teresa Buckner Turner in her car on her way to work. During the course of an argument, Appellant shot Ms. Turner and then fled from the scene. Ms. Turner’s body was found in Spalding County shortly afterwards by the police, who were eventually directed to her current address, at which they found Appellant. After being notified of his wife’s death, Appellant accompanied the police to the Spalding County Sheriff’s Office and was placed in an interview room. After approximately eight hours of questioning, Appellant made oral and written statements confessing to the shooting and killing of his wife. In his confession, Appellant admitted to using a six-shot .38 Magnum revolver. A medical examination confirmed that the victim was shot six times, and four bullets removed from the victim were determined to be fired from the same .38 Magnum revolver. After his confession, Appellant returned to the scene of the crime with the police to show them where he had thrown the murder weapon. The evidence was sufficient for a rational trier of fact to find Appellant guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

2. Appellant claims that his statements to police were improperly admitted into evidence because they were induced by a hope of benefit and fear of injury, in violation of OCGA § 24-3-50. However, Appellant has waived this specific claim because he failed to raise it at the hearing held pursuant to Jackson v. Denno , 378 U. S. 368 84 SC 1774, 12 LEd2d 908 1964, when he renewed the Jackson-Denno motion at trial, or when the statements were ultimately introduced into evidence. Mangrum v. State , 285 Ga. 676, 677 2 681 SE2d 130 2009. See also Williams v. State , 270 Ga. App. 480, 481-482 606 SE2d 671 2004; Hawkins v. State , 236 Ga. App. 346, 347 2 512 SE2d 59 1999 holding that an OCGA § 24-3-50 objection “to the admissibility and voluntariness of a non-custodial admission” was waived because the only objections were “based on state and federal constitutional grounds”.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More

We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...


Apply Now ›

McCarter & English, LLP is seeking an litigation attorney for our Miami, FL office. Candidate must have 3-6 years of law firm experience...


Apply Now ›

Harwood Lloyd, LLC of Hackensack, NJ is seeking a full-time Attorney to join us in our Insurance Defense Department. Are you a forward-think...


Apply Now ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›