Legal Opinion

Carlisi v. State

District Court of Appeal of Florida

Decided December 11, 2002No. 4D00-2428PublishedCited by 2 opinions

1Opinion of the CourtWarner, J.

Appellant was convicted of leaving the scene of an accident with injuries. During the trial, the court allowed a police officer to testify on rebuttal to a statement appellant made to the officer which had been suppressed for failure to give Miranda warnings. We hold that the trial court erred in allowing the officer to testify to this statement without first allowing the appellant to testify or present other evidence on the issue of the voluntariness of the statement. We therefore reverse.

Police officers responded to the scene of an accident in which injuries occurred, but the driver of the…

2Cases cited4 opinions

  1. Harris v. New YorkSupreme Court of the United States · 1971
  2. Nowlin v. StateSupreme Court of Florida · 1977
  3. Guess v. StateDistrict Court of Appeal of Florida · 1991
  4. State v. GuessSupreme Court of Florida · 1992

3Cited by2 opinions

  1. Sharon Myers v. State of FloridaSupreme Court of Florida · 2017
  2. Sharon Myers v. State of FloridaSupreme Court of Florida · 2017

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