RAFAEL TRUJILLO, APPELLANT,
v.
STATE OF FLORIDA, COUNTY OF DADE, APPELLEE
RAFAEL TRUJILLO, APPELLANT,
STATE OF FLORIDA, COUNTY OF DADE, APPELLEE
197 So. 2d 492
Florida Supreme Court (1967)
Positive Treatment
Cited by 30 cases
Opinion of the Court
Upon further consideration, we conclude this Court does not have jurisdiction of the cause. Thereupon, it is
Ordered that this appeal be, and it is hereby, dismissed.
THORNAL, C. J., and O’CONNELL, CALDWELL and ERVIN, JJ., concur.
DREW, J., dissents with Opinion.
(dissenting):
In my view, the district court in its decision reported in 187 So.2d 390 did initially construe a controlling provision of the Constitution of this State, thereby vesting in this Court jurisdiction to entertain this appeal. I am also of the view that the district court correctly decided the issue and I would affirm its judgment.
Dissent
DREW, Justice
(dissenting):
In my view, the district court in its decision reported in 187 So. 2d 390 did initially construe a controlling provision of the Constitution of this State, thereby vesting in this Court jurisdiction to entertain this appeal. I am also of the view that the district court correctly decided the issue and I would affirm its judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
-
Ramirez v. State, 739 So. 2d 568 (Fla. 1999)…4. Neither this Court nor the United States Supreme Court has adopted a bright-line rule that would render a confession by a juvenile involuntary. See Gallegos v. Colorado, 370 U.S. 49, 52-55, 82 S.Ct. 1209, 8 L.Ed.2d 325 (1962); State v. Francois, 197 So. 2d 492, 493-95 (Fla.1967). Instead, we look to the juvenile’s age, along with his experience, education, background and intelligence,5 in assessing whether the waiver is knowing, voluntary and intelligent. See S.L.W., 465 So. 2d at 1232 (quoting Fare, 442…
-
Ross v. State, 386 So. 2d 1191 (Fla. 1980)…Furthermore, this Court has recognized that youthful age, although a factor to be considered in determining the voluntariness of a statement, will not render inadmissible a confession which is shown to have been made voluntarily. State v. Francois, 197 So. 2d 492 (Fla.1967). Although Dr. Jordan determined that Ross was mildly retarded, he testified that if Ross were advised that he had the right to remain silent he would have the intellectual comprehension to understand that he had a right not to reveal any…
-
Doerr v. State, 383 So. 2d 905 (Fla. 1980)…to do with interrogation. Juvenile confessions have always been held to be admissible, though the courts have necessarily regarded them with closer scrutiny because of the age of the person involved. See T. B. v. State, supra. In State v. Francois, 197 So. 2d 492 (Fla.1967), our Supreme Court declined to adopt an exclusionary rule which would automatically exclude all confessions given by those who were still under the jurisdiction of the juvenile court. The United States Supreme Court has held that the admi…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Trujillo v. State, 187 So. 2d 390 (Fla. 3d DCA 1966)