Legal Opinion · Concurrence

Alvarez v. State

District Court of Appeal of Florida

Decided December 20, 2000No. 3D99-2547Published

1ConcurrenceSchwartz, Chief Judge

(specially concurring).

The only arguable question on this appeal concerns the admissibility of two sets of incriminating statements made by the defendant after initially invoking his Miranda rights. I believe, however, that:(a) The first remarks were not inadmissible as made in response to unauthorized police questioning; rather, they were volunteered by the defendant after he was told the serious nature of the charges against him, see Davis v. State, 698 So.2d 1182 (Fla.1997), cert. denied, 522 U.S. 1127, 118 S.Ct. 1076, 140 L.Ed.2d 134 (1998); State v. Nguyen, — So.2d -, 1998 WL 472602…

2Cases cited7 opinions

  1. Edwards v. ArizonaSupreme Court of the United States · 1981
  2. Davis v. StateSupreme Court of Florida · 1997
  3. Kight v. StateSupreme Court of Florida · 1987
  4. Durocher v. StateSupreme Court of Florida · 1992
  5. Craig v. StateDistrict Court of Appeal of Florida · 1992

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