The Supreme Court of Georgia released an opinion Monday morning that reversed a murder conviction and life-prison sentence.
When placed under arrest, officers must read Miranda rights, which give suspects the right to remain silent and the right to retain an attorney.
But in 2013, Milton police officers pushed Michael Denay Grant, to waive his rights. He repeatedly said no to their offer.
Fulton County’s District Attorney Paul Howard and his office prosecuted the case.
Atlanta-based criminal defense attorney Ramon Alvarado was in court during the oral arguments. He is not involved in the case.
“Essentially the District Attorney’s office was taking the position that because Miranda rights was not read that Mr. Grant didn’t have a right to remain silent,” Alvarado said. “And the Supreme Court essentially says, ‘No, just because you decide not to read Miranda rights doesn’t mean that Mr. Grant does not have the right to remain silent.’”
Alvarado said it was obvious what the justices would ultimately decide.
“A lot of times, it’s tough to tell which side the court is going to rule on,” Alvarado said. “But in this oral argument it just seemed so blatantly obvious that the District Attorney’s office was making a silly argument and the justices thought so.”
In a unanimous opinion, Georgia Supreme Court Justice Keith Blackwell wrote:
“From the review of the record, it seems clear that Grant invoked his constitutional right to remain silent early and often in the interview, but the investigators repeatedly disregarded those invocations and pressed forward with their efforts to elicit a statement from Grant,” the opinion says. “The State argued in the trial court – and continues to argue on appeal – that any invocations that precede the reading of Miranda warnings are ineffectual. The trial court found that argument persuasive. We do not.”
Alvarado said he thinks everyone involved needs more basic training.
“This is not just the actions of the officers,” he said. “It starts at the top. I mean, the District Attorney’s office is in the Supreme Court, trying to justify this position. I think that says a lot about their thoughts on what was done.”
The justices ruled in favor of Grant, so his life-prison sentence was overturned, but he still faces a murder charge.
Fulton County District Attorney Paul Howard said late Monday he will retry the case.
“It is a murder,” he said in an email. “We have represented the State and Fulton County in hundreds of matters before this court, with overwhelming success. In fact, our decisions outnumber other jurisdictions by a wide margin. It is my hope that readers of the opinion will keep these facts in mind when considering what was said in this single case.”
