Legal Opinion · Concurrence

Clark v. State

District Court of Appeal of Florida

Decided January 31, 2001No. 3D99-3025Published

1ConcurrenceCope, J.

(specially concurring).

Although there was an error in the denial of the motion to suppress the defendant’s statement, the error was harmless.

I

The detective gave defendant-appellant Clark full Miranda1 warnings, after which defendant stated in substance, “I’m not going to talk to you now because what I say could put me in jail for a long time. I’ll testify against Mark, but I want to talk to a lawyer.” 2

After ruling that the first sentence was admissible, the court gave the defense the option of having only that sentence admitted, or having both sentences admitted into evidence:

THE COURT: ...

Wh…

2Cases cited8 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. State v. DiGuilioSupreme Court of Florida · 1986
  3. Traylor v. StateSupreme Court of Florida · 1992
  4. Jones v. StateDistrict Court of Appeal of Florida · 1967
  5. United States v. Pawel Zygmunt SzymaniakCourt of Appeals for the Second Circuit · 1991

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