DARRON O. WOODBERRY
v.
STATE OF FLORIDA

Fla. 5th DCA | 2023-04-28
No. 21-2737
Florida District Court of Appeal, Fifth District (2023)

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Holding

Law enforcement's general reminder of a defendant's rights when he reinitiates contact after initially invoking his Fifth Amendment Miranda rights does not automatically violate those rights.


Headnotes

[1] Where a defendant reinitiates contact with law enforcement after initially invoking Fifth Amendment Miranda rights, law enforcement does not automatically violate a defen…

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Facts & Procedural History

Darron O. Woodberry appealed a circuit court decision in a criminal matter. The case involved questions regarding law enforcement procedures after a d…

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Opinion of the Court

PER CURIAM.

AFFIRMED. See Shelly v. State, 262 So. 3d 1, 16–17 (Fla. 2018). However, similar to what our sister court did in Penna v. State, 344 So. 3d 420, 442 (Fla. 4th DCA 2021), we reword and certify to the Florida Supreme Court the following question of great public importance: WHERE A DEFENDANT INITIALLY INVOKED HIS FIFTH AMENDMENT MIRANDA1 RIGHTS BUT SUBSEQUENTLY REINITIATES CONTACT WITH LAW ENFORCEMENT, DOES LAW ENFORCEMENT AUTOMATICALLY VIOLATE THOSE RIGHTS BY GENERALLY REMINDING DEFENDANT OF HIS RIGHTS RATHER THAN FULLY RE-MIRANDIZING THE DEFENDANT? WALLIS, EDWARDS and HARRIS, JJ., concur.

Footnotes
1 Miranda v. Arizona, 384 U.S. 436 (1966).

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