TOIA, ACTING COMMISSIONER, DEPARTMENT OF SOCIAL SERVICES OF NEW YORK

v.

HOLLEY ET AL.

Citator

Cited By (24 total)

• Kennedy Eberhardt v. State, 550 So. 2d 102 (Fla. 1st DCA 1989)
  …tly thereafter Eberhardt’s family arrived with his clothes and he changed clothes prior to the jury panel’s being seated in the jury box and examined on voir dire. Citing Estelle v. Williams, 425 U.S. 501, 96 S.Ct. 1691, 48 L.Ed.2d 126, reh’g denied 426 U.S. 954, 96 S.Ct. 3182, 49 L.Ed.2d 1194 (1976), Eberhardt argues that it was reversible error for the state and the court to compel him to appear before the venire in jail clothes rather than to provide him with appropriate clothing, even though his family…
• B.L. v. State, 425 So. 2d 1178 (Fla. 3d DCA 1983)
  …v. Mendenhall, 446 U.S. 554, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980); Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973). The argument lacks merit. In Alberti v. Estelle, 524 F. 2d 1265,1267-68 (5th Cir.1975), cert. denied, 426 U.S. 954, 96 S.Ct. 3182, 49 L.Ed.2d 1194 (1976), the court adopted a four-factor test for determining whether a person is “in custody” for Miranda purposes: [*1179] We have attributed special significance to four factors: (1) probable cause to arrest, (2) su…
• State v. de Jesus, 479 So. 2d 857 (Fla. 3d DCA 1985)
  …79 L.Ed.2d 228 (1984); Drake v. State, 441 So. 2d 1079 (Fla.1983), cert. denied, — U.S. -, 104 S.Ct. 2361, 80 L.Ed.2d 832 (1984); United States v. Lueck, 678 F. 2d 895 (11th Cir.1982); Alberti v. Estelle, 524 F. 2d 1265 (5th Cir.1975), cert. denied, 426 U.S. 954, 96 S.Ct. 3181, 49 L.Ed.2d 1193 (1976); B.L. v. State, 425 So. 2d 1178 (Fla.3d DCA 1983).…