CHARLES WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Charles Williams appeals the summary denial of his successive and untimely postconviction motion asserting newly discovered evidence of defective Miranda warnings. The Fourth District affirmed the denial, holding that discovery of a legal ruling addressing similar Miranda deficiencies does not constitute newly discovered evidence, and the warnings Williams actually received were constitutionally sufficient.
The court held that discovery of a court decision identifying a Miranda deficiency, or a defendant's later discovery of a similar violation, does not constitute newly discovered evidence and does not provide grounds for untimely postconviction relief. Additionally, the warnings Williams actually received—advising him of the right to counsel 'now' and the right to stop questioning to speak with an attorney—were sufficient to properly advise him of his rights.
[1] A defendant's later discovery of a legal precedent establishing a deficiency in Miranda warnings does not constitute newly discovered evidence for the purpose of filing a…
[2] Allegations that a waiver of rights form was removed from the record and replaced by a forged document do not establish newly discovered evidence sufficient to permit an…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“This court's decision in Roberts, or a defendant's later discovery of a violation like the one discussed in Roberts, does not constitute newly discovered evidence and does not constitute grounds for untimely postconviction relief.”
Establishes the primary holding that judicial decisions identifying Miranda deficiencies in other cases do not provide grounds for untimely postconviction relief.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWilliams was convicted in 1998 and had previously filed a postconviction motion that was denied on the merits. In 2005, he learned from news reports a…
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PER CURIAM.
Charles Williams appeals the summary denial of his untimely and successive rule 3.850 motion which alleged newly discovered evidence. We affirm but for reasons other than those given in the trial court’s order. Williams was convicted in 1998, and he has previously filed a postconviction motion which was denied on the merits. In the instant motion, he alleges that in 2005 he learned from news reports about defective Miranda1 warnings that had been used by police in Broward County. See Roberts v. State, 874 So. 2d 1225 (Fla. 4th DCA 2004) (finding that a waiver of rights form that failed to advise of the right to have counsel present during questioning was deficient). He alleges that this caused him to realize that he was not advised about the right to have counsel present during questioning when he was interrogated in 1996. Apparently, he also then realized that, if he had been properly advised, he would not have spoken to police at all, as he now alleges.
He contends that his subsequent investigations have revealed that the waiver of rights form that was used in his interrogation was mysteriously removed from the record and replaced by a different, forged form which contains the “during questioning” language. He claims that this recent discovery constitutes newly discovered evidence permitting an untimely postconviction motion. Fla. R.Crim. P. 3.850(b)(1).
This court’s decision in Roberts, or a defendant’s later discovery of a violation like the one discussed in Robenis, does not constitute newly discovered evidence and does not constitute grounds for untimely postconviction relief. Ulcena v. State, 925 So. 2d 346 (Fla. 4th DCA 2006); Robinson v. State, 943 So. 2d 860 (Fla. 4th DCA 2006). The alleged deficiency in the Miranda warnings provides Williams no basis for challenging his convictions at this time.
Further, according to Williams, the warning he actually received, before the defective form was allegedly replaced by a forgery, advised him that he had the right to have counsel present “now” (which was at the time of questioning) and that he could stop the questioning at any time and speak with an attorney. These warnings were sufficient to properly advise Williams of his rights. Canete v. State, 921 So. 2d 687 (Fla. 4th DCA 2006).
Affirmed.
HAZOURI, MAY and DAMOORGIAN, JJ., concur. . Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
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Citator
Cited By
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Bryan v. State, 124 So. 3d 961 (Fla. 4th DCA 2013)…PER CURIAM. Affirmed. See Williams v. State, 998 So. 2d 650, 651 (Fla. 4th DCA 2008); Robinson v. State, 943 So. 2d 860, 861 (Fla. 4th [*962] DCA 2006); Ulcena v. State, 925 So. 2d 346, 347 (Fla. 4th DCA 2006). DAMOORGIAN, C.J., GROSS and GERBER, JJ., concur.…
Authorities Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966)
- Gorman Roberts, Jr. v. State, 874 So. 2d 1225 (Fla. 4th DCA 2004)
- Canete v. State, 921 So. 2d 687 (Fla. 4th DCA 2006)
- Jean-Heraux Ulcena, Jr. v. State, 925 So. 2d 346 (Fla. 4th DCA 2006)
- Artis Robinson v. State, 943 So. 2d 860 (Fla. 4th DCA 2006)