Legal Opinion · Dissent

Chaney v. State

District Court of Appeal of Florida

Decided January 19, 2005No. 3D02-2740Published

1DissentRamirez, J.

I respectfully dissent. Either during or prior to his first interrogation Chaney asked Detective Capote whether he needed a lawyer. The issue in this appeal is whether the detective’s “response” of “Do you think you need one?” was an honest and fair answer, or whether the detective was being evasive, skipped over the question, or was attempting to override or “steamroll” the defendant. If I were writing on a clean slate, I would agree wholeheartedly with the majority, but in my view, reversal is mandated by the Florida Supreme Court’s decisions in Almeida v. State, 737 So.2d 520 (Fla.1999)…

2Cases cited10 opinions

  1. People v. OaksIllinois Supreme Court · 1996
  2. State v. GlatzmayerSupreme Court of Florida · 2001
  3. Almeida v. StateSupreme Court of Florida · 1999
  4. United States v. OgbuehiCourt of Appeals for the Ninth Circuit · 1994
  5. David Diaz v. Daniel Senkowski, Superintendent, Clinton Correctional FacilityCourt of Appeals for the Second Circuit · 1996

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