KENNETH HAROLD MOODY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
PER CURIAM.
We have for review Moody v. State, 696 So. 2d 797 (Fla. 2d DCA 1997), which expressly and directly conflicts with decisions of the Third and Fourth District Courts of Appeal. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash the decision below and remand for further proceedings consistent with our opinion in State v. Hudson, 698 So. 2d 831 (Fla.1997).
KOGAN, C.J., and OVERTON, SHAW, HARDING and ANSTEAD, JJ., concur. WELLS, J., dissents with an opinion, in which GRIMES, J., concurs.
WELLS, Justice,
dissenting.
I must dissent for the same reasons stated in my dissent in State v. Hudson, 698 So. 2d 831 (Fla.1997).
GRIMES, J., concurs.
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Thomas v. State, 748 So. 2d 970 (Fla. 1999)…t an accused may not effectively invoke the right to counsel under the Fifth Amendment of the United States Constitution or Article I, section 9 of the Florida Constitution until custodial interrogation has begun or is imminent. See Cullen v. State, 699 So. 2d 1009 (Fla. 1997), cert. denied, 523 U.S. 1008, 118 S.Ct. 1194, 140 L.Ed.2d 323 (1998); State v. Guthrie, 692 So. 2d 888 (Fla.1997); Sapp v. State, 690 So. 2d 581 (Fla.1997). In the instant case, Thomas signed the constitutional rights form on April 25, t…
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Newell v. State, 714 So. 2d 434 (Fla. 1998)…in the fact that the Fifth District Court of Appeal rendered a per curiam decision with citation to Moody v. State, 696 So. 2d 797 (Fla. 2d DCA 1997). This Court subsequently accepted Moody for review and quashed the decision below. Moody v. State, 699 So. 2d 1009 (Fla.1997). Thus, we have jurisdiction based on article V, section 3(b)(3) of the Florida Constitution. See also Jollie v. State, 405 So. 2d 418 (Fla.1981). In State v. Hudson, 698 So. 2d 831, 833 (Fla.1997), this Court concluded that a trial court…1 / 2
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NEW v. State, 807 So. 2d 52 (Fla. 2001)…434, 435 (Fla.1998), wherein we quashed the district court’s decision affirming the denial of Newell’s postconviction claim under Hudson. In granting relief to Newell, we held that “this Court has at least implicitly acknowledged [in Moody v. State, 699 So. 2d 1009 (Fla.1997)], that this issue can be raised in a motion for postconviction relief.” Id. Of course, in Newell we explicitly recognized that Hudson could be asserted in postconviction proceedings and we remanded for further proceedings in accord with H…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Hudson, 698 So. 2d 831 (Fla. 1997)
- Moody v. State, 696 So. 2d 797 (Fla. 2d DCA 1997)