DEREK ANTHONY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Derek Anthony appealed the denial of his Rule 3.850 postconviction relief motion, arguing his trial counsel was ineffective for failing to suppress his statement based on inadequate Miranda warnings. The Fourth DCA affirmed the denial of the first two grounds but reversed on the third ground, finding the Miranda claim legally sufficient and remanding for further proceedings.
The court held that Anthony's claim of ineffective assistance of counsel based on the failure to suppress the statement due to inadequate Miranda warnings was legally sufficient and stated a valid basis for postconviction relief, requiring either record evidence refuting the claim or an evidentiary hearing on remand.
[1] A claim of ineffective assistance of counsel based on the failure to challenge the adequacy of Miranda warnings is legally sufficient when the warnings failed to advise t…
[2] A motion to suppress based on specific grounds does not preserve for appeal a different, unraised ground regarding the adequacy of Miranda warnings.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Before Roberts, Florida courts consistently interpreted Miranda to require that a person in custody be notified of the right to have counsel present during interrogation.”
Establishes that Anthony was not seeking retroactive application of new law but rather enforcement of well-established Miranda requirements that predated Roberts.
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Join FLexlaw to unlock all legal intelligenceDerek Anthony was convicted based largely on his own statement to law enforcement. He received a Miranda warning that allegedly did not advise him of …
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PER CURIAM.
Derek Anthony (Defendant) appeals the order summarily denying his rule 3.850 motion for postconviction relief and the order denying his motion for rehearing. We affirm as to the first two grounds but reverse as to the third ground for relief.
In his third ground, Defendant alleged his trial counsel was ineffective in failing to raise, as a basis for moving to suppress his statement to law enforcement, that the Miranda1 rights warning he received did not advise him of the right to have an attorney present during interrogation. He cited a line of cases beginning with Roberts v. State, 874 So. 2d 1225, 1229 (Fla. 4th DCA 2004) (reversing conviction; holding Miranda warnings inadequate where they failed to advise the defendant of the right to have an attorney present during questioning), rev. denied sub nom. State v. West, 892 So. 2d 1014 (Fla.2005). He argued that his own statements were the focal point of the trial, and that the error in admitting them was not harmless beyond a reasonable doubt because the bulk of the evidence against him was his own confession and its corroborating effect. It appears that without Defendant’s statement, the only evidence against him would have been the child victim’s hearsay statements. Thus, there may be a reasonable probability that the result of the trial would have been different had Defendant’s statement been suppressed.
The trial court denied relief on this ground, based on the state’s argument that (1) Roberts did not apply retroactively to cases that were final before it was issued, and (2) the issue could have been raised on direct appeal because defense counsel did file a motion to suppress Defendant’s statement. However, the issue could not have been raised on direct appeal; the motion to suppress, a copy of which the state attached, was based on other grounds and did not preserve for appeal the specific ground in question. Moreover, Defendant was not seeking retroactive application of Roberts. Before Roberts, Florida courts consistently interpreted Mi randa to require that a person in custody be notified of the right to have counsel present during interrogation. See, e.g., Ramirez v. State, 739 So. 2d 568 (Fla.1999) (summarizing that Miranda requires a defendant to be informed of his right to an attorney during questioning).
As we have held before in similar cases, this claim is legally sufficient. Accordingly, we reverse and remand either for the attachment of portions of the record conclusively refuting this claim or for an evidentiary hearing. See Martelus v. State, 924 So. 2d 881 (Fla. 4th DCA 2006); Coney v. State, 31 Fla. L. Weekly D591, — So. 2d -, 2006 WL 398431 (Fla. 4th DCA Feb. 22, 2006); Stancle v. State, 917 So. 2d 911 (Fla. 4th DCA 2005).
Affirmed in part; Reversed in part and Remanded.
GROSS and TAYLOR, JJ., concur. POLEN, J., concurs specially with opinion.
. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
POLEN, J.,
concurring specially.
I agree with the majority that appellant stated a facially sufficient claim that trial counsel was ineffective for failure to raise the sufficiency of the Miranda warnings in his motion to suppress. I write separately to note that, if appellant’s claim cannot be refuted by record attachments, such that an evidentiary hearing is necessary, one of the considerations as to the deficiency prong of Strickland relates to the fact that appellant’s case arose two years before Roberts was decided. The trial court may need to determine whether defense lawyers in Broward County were generally raising a deficient Miranda warning argument, or were cognizant of such an argument, two years before Roberts was decided, so that failure to do so might constitute ineffective assistance of counsel.
Cases With Similar Vibessemantic neighbors from the corpus
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Anthony v. State, 980 So. 2d 610 (Fla. 4th DCA 2008)…is own statements were the focal point of the trial, and that the error in admitting them was not harmless beyond a reasonable doubt because the bulk of the evidence against him was his own confession and its corroborating effect.” Anthony v. State, 927 So. 2d 1084, 1085 (Fla. 4th DCA 2006). This argument was based on our opinion in Roberts v. State, which was decided after Anthony was convicted. The circuit court denied the motion. We reversed and remanded the case for the attachment of portions of the record…
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State v. Modeste, 987 So. 2d 787 (Fla. 5th DCA 2008)…. State, 898 So. 2d 1078 (Fla. 4th DCA 2005); West v. State, 876 So. 2d 614, 616 (Fla. 4th DCA 2004); Franklin v. State, 876 So. 2d 607, 608 (Fla. 4th DCA 2004); Roberts v. State, 874 So. 2d 1225, 1229 (Fla. 4th DCA 2004); see also Anthony v. State, 927 So. 2d 1084, 1085-86 (Fla. 4th DCA 2006) (“Florida courts consistently interpreted Miranda to require that a person in custody be notified of the right to have counsel present during interrogation. See, e.g., Ramirez v. State, 739 So. 2d 568 (Fla.1999) (summari…
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Diansky Rouzard v. State, 952 So. 2d 1290 (Fla. 4th DCA 2007)…go to trial. Counsel may be ineffective for not moving to suppress a defendant’s statement made during a police interrogation if the statement was involuntary or the defendant did not receive adequate Miranda warnings. See, e.g., Anthony v. State, 927 So. 2d 1084 (Fla. 4th DCA 2006); Stancle v. State, 917 So. 2d 911 (Fla. 4th DCA 2005); Fletcher v. State, 890 So. 2d 1167 (Fla. 5th DCA 2004). Here, the State argues appellant waived this issue when he entered the plea. However, a defendant cannot voluntarily…1 / 2
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966)
- Ramirez v. State, 739 So. 2d 568 (Fla. 1999)
- Gorman Roberts, Jr. v. State, 874 So. 2d 1225 (Fla. 4th DCA 2004)
- State v. West, 892 So. 2d 1014 (Fla. 2005)
- Stancle v. State, 917 So. 2d 911 (Fla. 4th DCA 2005)
- Lukens Martelus v. State, 924 So. 2d 881 (Fla. 4th DCA 2006)