WILLIE BURGESS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed the summary denial of a Rule 3.850 post-conviction motion because the trial court failed to attach records that would conclusively refute allegations that counsel was ineffective for failing to suppress a confession obtained after defective Miranda warnings.
Allegations that trial counsel was ineffective for failing to move to suppress a statement made after defective Miranda warnings are legally sufficient to require an evidentiary hearing when the circuit court has not attached records conclusively refuting them.
[1] Allegations that trial counsel was ineffective for failing to move to suppress a statement made after defective Miranda warnings are legally sufficient to survive summary…
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Join FLexlaw to unlock all legal intelligence“suspects must be informed of their right to have an attorney present before and during questioning”
Standard for Miranda warnings established in Roberts v. State, 874 So. 2d 1225 (Fla. 4th DCA 2004)
Appellant was given Miranda warnings by the Broward County Sheriff's Office that were defective in the same manner as those in Roberts v. State, which…
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PER CURIAM.
This is an appeal from the circuit court’s summary denial of appellant’s rule 3.850 motion for post conviction relief. We reverse and remand for further attachment of records or for an evidentiary hearing.
Appellant alleged ineffective assistance of counsel for failing to move to suppress his confession after being read Miranda
warnings by the Broward County Sheriffs Office. The warnings given to appellant are the same which gave rise to Roberts v. State, 874 So. 2d 1225 (Fla. 4th DCA 2004), rev. denied sub nom., State v. West, 892 So. 2d 1014 (Fla.2005) (suspects must be informed of their right to have an attorney present before and during questioning). The circuit court has failed to attach records which conclusively refute appellant’s allegations of ineffective assistance of counsel which have been sufficiently plead. As such, this matter must be reversed and remanded for further attachment or an evidentiary hearing. See Anthony, v. State, 927 So. 2d 1084 (Fla. 4th DCA 2006); Martelus v. State, 924 So. 2d 881 (Fla. 4th DCA 2006); Stancle v. State, 917 So. 2d 911 (Fla. 4th DCA 2005) (allegations that trial counsel was ineffective in failing to move for suppression of a statement made after defective Miranda warnings are legally sufficient).
SHAHOOD, C.J., STONE and KLEIN, JJ., concur. . Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Willoghby Hall v. State, 972 So. 2d 264 (Fla. 4th DCA 2008)…. denied sub. nom., State v. West, 892 So. 2d 1014 (Fla.2005). Appellant’s claim is legally sufficient, and the trial court failed to attach records that conclusively refute his allegations of ineffective assistance of counsel. See Burgess v. State, 965 So. 2d 1239 (Fla. 4th DCA 2007); Louis v. State, 948 So. 2d 869 (Fla. 4th DCA 2007); Anthony v. State, 927 So. 2d 1084 (Fla. 4th DCA 2006); Stancle v. State, 917 So. 2d 911 (Fla. 4th DCA 2005) (finding appellant’s claim [*265] trial counsel was ineffective for…
Authorities Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966)
- 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)
- Anthony v. State, 927 So. 2d 1084 (Fla. 4th DCA 2006)
- Lukens Martelus v. State, 924 So. 2d 881 (Fla. 4th DCA 2006)