Legal Opinion · Dissent

Rigterink v. State

Supreme Court of Florida

Decided January 30, 2009No. SC05-2162Published

1DissentCanady, J.

I dissent from the reversal of Rigter-ink’s convictions and sentences. I agree with the majority’s analysis of the issues which the majority concludes lack merit. I disagree, however, with the majority’s analysis of Rigterink’s Miranda34 claim. I recognize that State v. Powell, 998 So.2d 531 (Fla. 2008), supports the conclusion that the warning given to Rigterink was defective, but I conclude that the Court should recede from this recent precedent. I would conclude that the Miranda warning given to Rigterink was not defective and that the admission of Rigterink’s statement was therefore not…

2Cases cited11 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Payne v. TennesseeSupreme Court of the United States · 1991
  3. Duckworth v. EaganSupreme Court of the United States · 1989
  4. California v. PrysockSupreme Court of the United States · 1981
  5. People v. WashCalifornia Supreme Court · 1993

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