Legal Opinion

Horne v. State

District Court of Appeal of Florida

Decided December 6, 2013No. 5D11-3157PublishedCited by 4 opinions

1Opinion of the CourtSawaya, J.

At the age of nineteen, Stephen Horne was interrogated by the police and became the confessed murderer of his father. Horne’s recorded (DVD) confession was played to the jury in his first-degree murder trial, and the confessed murderer became the convicted murderer. He was also convicted of robbery with a firearm and possession of a short-barreled shotgun. The question presented in this appeal is whether Horne, after he waived his Miranda1 rights, unambiguously reasserted his constitutional right of silence prior to making any incriminating statements. If he did, the trial court erred in…

2Cases cited17 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. State v. DiGuilioSupreme Court of Florida · 1986
  3. Davis v. United StatesSupreme Court of the United States · 1994
  4. Berghuis v. ThompkinsSupreme Court of the United States · 2010
  5. State v. OwenSupreme Court of Florida · 1997

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3Cited by4 opinions

  1. Wright v. StateDistrict Court of Appeal of Florida · 2014
  2. DERRICK HOLMES v. THE STATE OF FLORIDADistrict Court of Appeal of Florida · 2021
  3. Smith v. StateDistrict Court of Appeal of Florida · 2018
  4. Smith v. StateDistrict Court of Appeal of Florida · 2018

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