FRED MOHR, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1990-02-20
No. 89-1387
Before BARKDULL, COPE, and GERSTEN, JJ.
557 So. 2d 622 Florida District Court of Appeal, Third District (1990) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. State v. DiGuilio, 491 So. 2d 1129 (Fla.1986).


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  • Gonzalez v. State, 624 So. 2d 300 (Fla. 4th DCA 1993)
    …, concur. OWEN, WILLIAM C., Jr., Senior Judge, dissenting in part with opinion. . Notwithstanding the above, there seems to be continuing confusion within the districts as to the continued vitality of the four factor test. Compare Martin v. State, 557 So. 2d 622, 624 (Fla. 4th DCA1990) (reciting the reasonable person test as set out iñ Caso but applying several of the factors from the four prong test) and Jenkins v. State, 533 So. 2d 297, 300 (Fla. 1st DCA1988) (impliedly relying on the four factor test), r…
  • Skyles v. State, 670 So. 2d 1084 (Fla. 4th DCA 1996)
    …e been admitted, and therefore reverse for a new trial, but certify the same question of great public importance as we did in Owen II. We reject the state’s argument that Owen I is inapplicable because Skyles was not in custody. See Martin v. State, 557 So. 2d 622 (Fla. 4th DCA 1990), and cases cited therein (the fact that there has not been a formal arrest does not necessarily mean suspect is not in custody). Because the Florida Supreme Court is not bound by Owen I, and may conclude that the confession was…
  • Boyette v. State, 585 So. 2d 1115 (Fla. 5th DCA 1991)
    …d his situation.” Roman v. State, 475 So. 2d 1228, 1231 (Fla.1985), cert. denied, 475 U.S. 1090, 106 S.Ct. 1480, 89 L.Ed.2d 734 (1986) (quoting Berkemer v. McCarty, 468 U.S. 420, 442, 104 S.Ct. 3138, 3151, 82 L.Ed.2d 317 (1984). In Martin v. State, 557 So. 2d 622 (Fla. 4th DCA 1990), the fact that a detective traveled to Tennessee to interrogate the defendant, informed the defendant he was the focus of a police investigation and advised the defendant of the allegations against him sufficed to make the defend…

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