ANTONIO MARIA CRUZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1998-08-19
No. 96-3549
Before NESBITT, GERSTEN and SHEVIN, JJ.
715 So. 2d 1117 Florida District Court of Appeal, Third District (1998) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Antonio Maria Cruz appeals his first-degree murder conviction, challenging the admission of his confession and claiming a Brady violation based on the State's failure to disclose a rape investigation involving a witness. The appellate court affirmed the conviction, finding the confession was validly obtained after Cruz voluntarily reinitiated contact with police and that no Brady violation occurred.


Holding

The court held that Cruz's confession was properly admitted because he voluntarily reinitiated contact with police after invoking his right to remain silent, thereby waiving that right. The court also held there was no Brady violation because the undisclosed information about the witness's rape investigation would not have created a reasonable probability of a different outcome.


Headnotes

[1] A defendant's right to remain silent, once invoked, can be waived if the defendant voluntarily reinitiates contact with the police.

[2] A trial court properly refuses to suppress a confession if it was precipitated by the defendant's voluntary reinitiation of contact with the police after invoking the rig…

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Key Quotes

“It is axiomatic that a defendant subjected to custodial interrogation is permitted to assert the right to remain silent, thus requiring the police to cease questioning [...] However, the right to remain silent can be waived where a defendant voluntarily chooses to reinitiate contact with the police.”

Establishes the legal principle that Miranda protections can be waived through voluntary reinitiation of contact by the defendant.

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Facts & Procedural History

Cruz was taken to the homicide office for questioning about a murder. He initially waived his rights but after thirty minutes told officers he did not…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Antonio Maria Cruz (“defendant”), appeals his conviction and sentence for first degree murder. We affirm finding no error in the trial court’s evidentiary rulings.

The defendant first argues the trial court erred in admitting his confession which was obtained after the defendant invoked the right to remain silent. We disagree.

When the police took the defendant to the homicide office to question him about the murder, the defendant initially waived his rights, and initially denied any knowledge or involvement in the victim’s murder. After one-half hour, the defendant told the officers he did not want to talk to them anymore. Questioning stopped, and the officers left the room, leaving the door partially open.

The defendant then saw his wife walk past the door. He decided to reinitiate contact, and was told by the officers that his wife was under arrest and had given a statement regarding the victim’s murder. After hearing a portion of his wife’s taped statement, the defendant admitted being present when the victim was murdered, although he claimed two other associates had actually committed the murder and placed the weighted body in the water. The defendant proceeded to provide details of the murder which were consistent with the evidence and statements of other witnesses.

It is axiomatic that a defendant subjected to custodial interrogation is permitted to assert the right to remain silent, thus requiring the police to cease questioning. See Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). However, the right to remain silent can be waived where a defendant voluntarily chooses to reinitiate contact with the police. See Rhode Island v. Innis, 446 U.S. 291, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980); Kelley v. State, 486 So. 2d 578 (Fla.1986), cert. denied, 479 U.S. 871, 107 S.Ct. 244, 93 L.Ed.2d 169 (1986); Craig v. State, 599 So. 2d 170 (Fla. 3d DCA), rev. denied, 605 So. 2d 1263 (Fla.1992).

In this case, the record is clear that the defendant’s confession was precipitated by his voluntary reinitiation of contact with the police. Accordingly, the trial court properly refused to suppress the confession. See Craig v. State, 599 So. 2d at 170.

The defendant also contends the trial court erred in denying his motion for new trial based upon a violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). According to the defendant, the State’s failure to disclose to defense counsel the existence of a rape investigation pertaining to one of the State’s witnesses, requires the granting of a new trial. We find this argument similarly lacks merit.

In order for a defendant to prove a Brady violation, it must first be demonstrated that “had the evidence been disclosed to the defense, a reasonable probability exists that the outcome of the proceedings would have been different.” Hegwood v. State, 575 So. 2d 170, 172 (Fla.1991) (quoting United States v. Meros, 866 F. 2d 1304, 1308 (11th Cir.), cert. denied, 493 U.S. 932, 110 S.Ct. 322, 107 L.Ed.2d 312 (1989)). In this case, after considering the entire record, none of the matters cited by the defendant regarding the witness’ testimony rises to the level which would suggest a reasonable probability that the outcome would have been different had the information been disclosed. See Robinson v. State, 707 So. 2d 688 (Fla.1998); Routly v. State, 590 So. 2d 397 (Fla.1991). Thus, there is no Brady violation, and accordingly the trial court correctly refused to order a new trial. See United States v. Agurs, 427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976); Spaziano v. Singletary, 36 F. 3d 1028 (11th Cir.1994), cert. denied, 513 U.S. 1115, 115 S.Ct. 911, 130 L.Ed.2d 793 (1995); Cruse v. State, 588 So. 2d 983 (Fla.1991), cert. denied, 504 U.S. 976, 112 S.Ct. 2949, 119 L.Ed.2d 572 (1992).

Finding the remaining issues raised by the defendant also lack merit, we affirm the judgment below in all respects.

Affirmed.


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Cited By

  • Georges Blanco v. State, 799 So. 2d 1102 (Fla. 5th DCA 2001)
    …PER CURIAM. AFFIRMED. See Cruz v. State, 715 So. 2d 1117 (Fla. 3d DCA 1998). THOMPSON, C.J., COBB and ORFINGER, R. B., JJ., concur.…

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