State v. Willis, Georgia Supreme Court, S10A0393
Gregory A. Hicks and Amanda R. Gaddis filed legal briefs in Georgia’s Supreme Court insisting that an erroneous murder conviction be reversed.
In support of his client, Mr. Hicks argues that the trial court erred in admitting several pieces of illegal evidence at trial. The defendant was denied his constitutional right to an attorney when he was questioned by police despite invoking his right to have counsel present.
In addition, the trial court allowed Cobb County law enforcement officials to deny the defendant free exercise of his religious freedom when they required him to make statements to law enforcement instead of to a chaplain in confidence. Under Georgia law, statements made to a clergyman for the purpose of seeking spiritual guidance or counseling are absolutely not allowed at trial. The Cobb County Sheriff’s Office disregarded this religious protection when they required such statements be made to “proper authorities” instead of an ordained minister.