Legal Opinion · Concurrence

Carter v. State

District Court of Appeal of Florida

Decided July 18, 1983No. AN-85Published

1Concurrence

LARRY G. SMITH, Judge,

specially concurring.

In Maness v. State, 341 So.2d 246 (Fla. 4th DCA 1977), the court said that if the state is not seeking to introduce a statement of the defendant into evidence, it is unnecessary to show that the defendant was properly warned of his constitutional rights, “and the attempt to make such a showing courts reversible error.” Id. at 247. As appellant’s brief points out, the prosecution in this case inquired of the arresting officer whether he had advised appellant of his constitutional rights, asked him how he did this, and then requested the officer to…

2Cases cited9 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Clark v. StateSupreme Court of Florida · 1978
  4. Bennett v. StateSupreme Court of Florida · 1975
  5. McKnight V. United StatesCourt of Appeals for the Sixth Circuit · 1902

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