MICHAEL W. BARHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL W. BARHAM, APPELLANT,
STATE OF FLORIDA, APPELLEE
369 So. 2d 962
Florida District Court of Appeal, First District (1978)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
McCORD, C. J., and ERVIN and MELVIN, JJ., concur.
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Adan v. State, 453 So. 2d 1195 (Fla. 3d DCA 1984)…of the right to have counsel present when talking to law enforcement officers. [citation omitted] 429 So. 2d at 305. It is clear that the presence of counsel is not essential to the validity and effectiveness of a waiver of rights. Monroe v. State, 369 So. 2d 962 (Fla. 3d DCA), cert. denied, 376 So. 2d 74 (Fla.1979). In the present case, an officer read the defendant his rights pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), prior to any conversation. The defendant indica…
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Elwood Lamar Albright v. State, 378 So. 2d 1234 (Fla. 2d DCA 1979)…an v. State, 245 So. 2d 642 (Fla.1st DCA 1971). Nor do we agree with appellant’s contention that the confession should be suppressed because the state failed to place him in contact with counsel until after the statement was taken. Monroe v. State, 369 So. 2d 962 (Fla.3d DCA 1979). Appellant was advised he could have an attorney present, and the agents testified that he did not desire one. At the suppression hearing, appellant did not recall whether or not he had requested an attorney. There was sufficient e…
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