Legal Opinion

Scott v. State

District Court of Appeal of Florida

Decided December 22, 2014No. 1D13-4492PublishedCited by 4 opinions

1Opinion of the CourtWolf, J.

Appellant .challenges his conviction for second-degree murder. He argues the trial court erred in denying his motions to suppress two separate statements made to the police. We determine both the April 27, 2012, and April 29, 2012, statements were obtained in violation of appellant’s right to remain silent. We also determine the State failed to establish that erroneous admission of these statements was harmless. We, therefore, reverse and remand for a new trial.

I. Factual and Procedural Background

Motion to Suppress Statements on April 27, 2012

Prior to trial, appellant filed a motion to…

2Cases cited15 opinions

  1. Rhode Island v. InnisSupreme Court of the United States · 1980
  2. State v. OwenSupreme Court of Florida · 1997
  3. Dennis Rosa Collazo v. Wayne Estelle, Warden, California Mens ColonyCourt of Appeals for the Ninth Circuit · 1991
  4. Cuervo v. StateSupreme Court of Florida · 2007
  5. Delhall v. StateSupreme Court of Florida · 2012

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3Cited by4 opinions

  1. Anthony Delane Washington v. State of FloridaDistrict Court of Appeal of Florida · 2018
  2. Baptiste v. StateDistrict Court of Appeal of Florida · 2015
  3. Albert Mears v. State of FloridaDistrict Court of Appeal of Florida · 2016
  4. Thomas James Eversole v. State of FloridaDistrict Court of Appeal of Florida · 2019

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