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Cullen v. State

Supreme Court of Florida
Oct 2, 1997
699 So. 2d 1009 (Fla. 1997)

Opinion

No. 89,849

October 2, 1997

Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions Third District — Case No. 96-704 (Dade County).

Clayton R. Kaeiser, Miami, Florida, for Petitioner.

Robert A. Butterworth, Attorney General and Sandra S. Jaggard, Assistant Attorney General, Miami, Florida, for Respondent.


We have for review the opinion in Cullen v. State, 687 So.2d 44 (Fla. 3d DCA 1997), which certified conflict with the opinions in State v. Guthrie, 666 So.2d 562 (Fla. 2d DCA 1995), and Fason v. State, 674 So.2d 916 (Fla. 2d DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

This Court recently quashed the decision of the district court of appeal in Guthrie. State v. Guthrie, 692 So.2d 888 (Fla. 1997); see Sapp v. State, 690 So.2d 581 (Fla. 1997) (holding that an accused may not effectively invoke the right to counsel under the Fifth Amendment of the federal constitution or article I, section 9 of the Florida Constitution until custodial interrogation has begun or is imminent). Accordingly, we disapprove the decision in Fason and approve the decision of the court below.

It is so ordered.

OVERTON, GRIMES, HARDING and WELLS, JJ., concur.

ANSTEAD, J., concurs in result only.

KOGAN, C.J., and SHAW, J., dissent.


Summaries of

Cullen v. State

Supreme Court of Florida
Oct 2, 1997
699 So. 2d 1009 (Fla. 1997)
Case details for

Cullen v. State

Case Details

Full title:MATTHEW CULLEN, PETITIONER, vs. STATE OF FLORIDA, RESPONDENT

Court:Supreme Court of Florida

Date published: Oct 2, 1997

Citations

699 So. 2d 1009 (Fla. 1997)

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