State v. Stewart

The State relies upon a 1981 decision of this court which was quashed by the Florida supreme court. The defendant relies on the 1983 supreme court decision in the same case, which was abandoned sub silen-tio four years later. This court’s holding in the 1981 case has now become the law in this State.

In State v. DeConingh, 400 So.2d 998 (Fla. 3d DCA 1981), we held that a confession which is the product of a mind confused by mental disturbance raises a question of credibility to be determined by the jury, and that the question of admissibility arises only where there is an inherently coercive…