T.S.D. v. State

I respectfully dissent from this Court’s denial of rehearing en banc. The issue in this case involves, once again, the standard of review. In Thompson v. State, 548 So.2d 198, 204 (Fla.1989), the Florida Supreme Court stated that in a motion to suppress a confession:

[T]he burden is on the state to show by a preponderance of the evidence that the confession was freely and voluntarily given and that the rights of the accused were knowingly and intelligently waived.

The Court added a footnote:

The trial court’s conclusion on this question will not be upset on appeal unless clearly erroneous;…