JAMES COOK, APPELLANT,

v.

BILL ROYAL CONSTRUCTION CO., INC., WILLIAM ROYAL, THOMAS B. ROYAL, AND AUDREY ROYAL AND CASA DE CHAOS, APPELLEES

Citator

Cited By

• Sapp v. State, 690 So. 2d 581 (Fla. 1997)
  …GRIMES, Justice. We have for review Sapp v. State, 660 So. 2d 1146, 1151 (Fla. 1st DCA 1995), in which the district court certified the following question as one of great public importance: [*583] WHETHER AN ACCUSED IN CUSTODY EFFECTIVELY INVOKES HIS [OR HER] FIFTH AMENDMENT RIGHT TO COUNSEL UNDER [MIRANDA v. ARIZO…
• Ault v. State, 866 So. 2d 674 (Fla. 2003)
  …Court of Appeal held that Sapp’s attempt to invoke his Fifth Amendment right to counsel through the claim of rights form was not effective because custodial interrogation had not begun and was not imminent when he signed the form. See Sapp v. State, 660 So. 2d 1146 (Fla. 1st DCA 1995), approved, 690 So. 2d 581 (Fla.1997). This Court reviewed the district court’s decision in Sapp on the basis of a certified question asking whether a person in custody can invoke his Fifth Amendment right to counsel under Mirand…
• State v. Guthrie, 666 So. 2d 562 (Fla. 2d DCA 1995)
  …d invokes his Fifth Amendment right to counsel, police may not interrogate even as to unrelated charges until counsel has been made available, unless the accused initiates the contact). We are aware that this ruling may conflict with Sapp v. State, 660 So. 2d 1146 (Fla. 1st DCA 1995). Initially, we point out that Guthrie relies on provisions contained in the United States and Florida Constitutions. Sapp specifically made no state law claim. Sapp, 660 So. 2d at 1150. As we understand the ruling in Sapp, the Fi…

Authorities Cited

• Sexton v. State, 643 So. 2d 53 (Fla. 2d DCA 1994)
• Matrix Constr. Corp. v. Mecca Constr., Inc., 578 So. 2d 388 (Fla. 3d DCA 1991)