Motion #6 IN THE SUPERIOR COURT OF IRWIN COUNTY STATE OF GEORGIA ) STATE OF GEORGIA, ) ) Plaintiff, ) INDICTMENT NO. 2017CR-027 ) v. ) ) RYAN ALEXANDER DUKE, ) ) Defendant. ) ) MOTION TO SUPPRESS RYAN ALEXANDER DUKE'S STATEMENTS AND FOR A PRETRIAL JACKSON v. DENNO HEARING RYAN ALEXANDER DUKE, through undersigned counsel, respectfully moves this Court to suppress any and all statements made by him to law enforcement officers after his arrest because they were not freely and voluntarily given. This motion is predicated upon the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution, Article I, § 1, $91, ML, IV, V, VIL, IX, X, XI, XIL, XII, XIV, XVI, XVII, XVII, XXIV and XXVIII of the Constitution of the State of Georgia, international treaties and customary international law, as well as statutory and jurisprudential authorities cited below. In support, counsel states: 1. RYAN ALEXANDER DUKE is on trial for Malice Murder. 2. He faces a Potential life without parole sentence. The State, by and through the District Attomey, may attempt to introduce into evidence at trial oral admissions, a written or oral statement, and/or tape recordings of statements made by RYAN ALEXANDER DUKE to. law enforcement officers while in custody. 3, Those statements which incriminate RYAN ALEXANDER DUKE were made inthe absence of counsel and without an intelligent or knowing waiver of counsel. WHEREFORE, for the foregoing reasons and any others that may appear to this Court after a hearing, counsel for RYAN ALEXANDER DUKE, respectfully requests this Court requests a pre-trial Jackson v. Denno hearing to determine the voluntariness of any statements and to determine the validity of any waiver of counsel prior to the interrogation paTeD the 4 day ot Agvet, 2018. Tifton Judicial Circuit Counsel for Mr. Duke Ga. Bar No. 514917 Michael W. Gowen Assistant Public Defender Tifton Judicial Circuit Counsel for Mr, Duke, H. Burton Baker Assistant Public Defender Tifton Judicial Circuit Counsel for Mr. Duke Ga, Bar No.033500 Prepared by: H. Burton Baker, Ga. Bar No. 033500 Attorney for RYAN ALEXANDER DUKE.IN THE SUPERIOR COURT OF IRWIN COUNTY STATE OF GEORGIA ) STATE OF GEORGIA, ) ) Plaintiff, ) INDICTMENT NO. 2017CR-027 ) v. ) ) RYAN ALEXANDER DUKE, ) ) Defendant. ) ____) CERTIFICATE OF SERVICE Thereby certify that a copy of the foregoing motion has been delivered to The Office of the District Attomey for Irwin County via irst-class United States mail via the Postal Service; or Hand delivery to the District Attorney's Office; or “ Personal service upon the District Attomey in Court; DATED this Sodomaty H. Bion Baker Assistant Public Defender Tifton Judicial Circuit Counsel for Mr. Duke Ga. Bar No.033500