Legal Opinion
T.S.D. v. State
District Court of Appeal of Florida
Decided May 12, 1999No. 98-2692PublishedCited by 9 opinions
1Opinion of the CourtShevin, J.
T.S.D., a juvenile, appeals his adjudication of delinquency asserting error in the trial court’s denial of his motion to suppress his confession. We reverse.
At the hearing on the motion to suppress, neither party’s expert testified that T.S.D. grasped the concept that his Miranda1 rights included the right to have an attorney present during questioning.2 T.S.D. is twelve years old. He has a history of psychological problems, and has an IQ of 62. T.S.D. reads at a third grade level. Miranda rights are written at a sixth or seventh grade level. The record indicates that T.S.D. recognized that…
2Cases cited5 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Ross v. StateSupreme Court of Florida · 1980
- W.M. v. StateDistrict Court of Appeal of Florida · 1991
- Fields v. StateDistrict Court of Appeal of Florida · 1981
- Kennedy v. StateDistrict Court of Appeal of Florida · 1994
3Cited by9 opinions
- Roberts v. StateDistrict Court of Appeal of Florida · 2004
- J.G. v. StateDistrict Court of Appeal of Florida · 2004
- Brown v. CrosbyDistrict Court, S.D. Florida · 2003
- McCree v. StateDistrict Court of Appeal of Florida · 2008
- Balfour v. StateDistrict Court of Appeal of Florida · 2000
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