STATE

v.

WEST

Citator

Cited By (30 total)

• Canete v. State, 921 So. 2d 687 (Fla. 4th DCA 2006)
  …ained was not harmless, I would reverse and remand for a new trial. The majority distinguishes the warnings given in this case from those found inadequate in Roberts v. State, 874 So. 2d 1225 (Fla. 4th DCA 2004), rev. denied sub nom. State v. West, 892 So. 2d 1014 (Fla.2005), and concludes that the Miranda warnings here were the “functional equivalent” of expressly telling Cañete that he had the right to have an attorney present “during” questioning. I respectfully disagree. In so holding, the majority decisi…

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• Stancle v. State, 917 So. 2d 911 (Fla. 4th DCA 2005)
  …f his right to have counsel present during, as well as prior to, questioning in order to fully inform a person of his or her constitutional rights. See Roberts v. State, 874 So. 2d 1225, 1227 (Fla. 4th DCA 2004), rev. denied sub nom., State v. West, 892 So. 2d 1014 (Fla.2005); Ramirez v. State, 739 So. 2d 568, 573 (Fla.1999), cert. denied, 528 U.S. 1131, 120 S.Ct. 970, 145 L.Ed.2d 841 (2000). When no evidentiary hearing is held, a movant’s allegations are accepted as true unless they are conclusively refuted…
• Jean-Heraux Ulcena, Jr. v. State, 925 So. 2d 346 (Fla. 4th DCA 2006)
  …KLEIN, J. We affirm a summary denial of appellant’s rule 3.850 motion for post-conviction relief. His motion raised a claim of newly discovered evidence based on our decision in Roberts v. State, 874 So. 2d 1225 (Fla. 4th DCA 2004), rev. denied, 892 So. 2d 1014 (Fla.2005). In Roberts we held that a Miranda rights waiver form was insufficient because it failed to advise the defendant that he had the right to have counsel present during questioning. In the alter [*347] native, appellant argues that Roberts i…