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State v. Almeida

Supreme Court of Florida
Oct 21, 1997
700 So. 2d 640 (Fla. 1997)

Opinion

No. 89821.

August 28, 1997. Rehearing Denied October 21, 1997.

Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance Fourth District — Case No. 96-0140 (Broward County).

Robert A. Butterworth, Attorney General; and Celia A. Terenzio and Don M. Rogers, Assistant Attorneys General, West Palm Beach, Florida, for Petitioner.

Richard L. Jorandby, Public Defender and Joseph R. Chloupek, Assistant Public Defender, Fifteenth Judicial Circuit, Tallahassee, Florida, for Respondent.


We have for review a district court decision certifying the following question to be of great public importance:

DO THE PRINCIPLES ANNOUNCED BY THE UNITED STATES SUPREME COURT IN DAVIS [v. UNITED STATES, 512 U.S. 452 (1994)], APPLY TO THE ADMISSIBILITY OF CONFESSIONS IN FLORIDA, IN LIGHT OF TRAYLOR [v. STATE, 596 So.2d 957 (Fla. 1992)]?

State v. Almeida, 687 So.2d 37 (Fla. 4th DCA 1997). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

In State v. Owen, 696 So.2d 715 (Fla. 1997), we answered this question in the affirmative. Accordingly, consistent with Owen, we quash the decision below and remand for further proceedings.

It is so ordered.

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

KOGAN, C.J., dissents.

ANSTEAD, J., recused.


Summaries of

State v. Almeida

Supreme Court of Florida
Oct 21, 1997
700 So. 2d 640 (Fla. 1997)
Case details for

State v. Almeida

Case Details

Full title:STATE OF FLORIDA, PETITIONER, vs. OSVALDO ALMEIDA, RESPONDENT

Court:Supreme Court of Florida

Date published: Oct 21, 1997

Citations

700 So. 2d 640 (Fla. 1997)