MARTIN

v.

WAINWRIGHT, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

Citator

Cited By (23 total)

• State v. Owen, 696 So. 2d 715 (Fla. 1997)
  …ht to counsel. Martin v. Wainwright, 770 F. 2d 918, 924 (11th Cir.1985) (“We see no reason to apply a different rule to equivocal invocations of the right to cut off questioning.”), modified on other grounds, 781 F. 2d 185 (11th Cir.), cert. denied, 479 U.S. 909, 107 S.Ct. 307, 93 L.Ed.2d 281 (1986). The Supreme Court’s concern in Davis was to craft “a bright line that can be applied by officers in the real world of investigation and interrogation without unduly hampering the gathering of information.” 51…
• Owen v. State, 560 So. 2d 207 (Fla. 1990)
  …o postpone interrogation on a single subject than an outright refusal to answer any more questions. Id. at 1335-36. The Eleventh Circuit Court of Appeals in Martin v. Wainwright, 770 F. 2d 918 (11th Cir.1985), modified, 781 F. 2d 185, cert. denied, 479 U.S. 909, 107 S.Ct. 307, 93 L.Ed.2d 281 (1986), disagreed with Thierman to the extent that it held that the defendant’s statement, “Can we wait until tomorrow?” constituted an invocation of the right to cut off questioning. However, that court did not disput…

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• Henry v. State, 574 So. 2d 66 (Fla. 1991)
  …t to remain silent), cert. denied, 484 U.S. 1077, 108 S.Ct. 1057, 98 L.Ed.2d 1019 (1988); Martin v. Wainwright, 770 F. 2d 918, 923-24 (11th Cir.1985) (right to cut off questioning), modified on other grounds, 781 F. 2d 185 (11th Cir.), cert. denied, 479 U.S. 909, 107 S.Ct. 307, 93 L.Ed.2d 281 (1986). Long was questioned by police concerning his arrest for abduction, kidnapping, and involuntary sexual battery. Police obtained a confession to those crimes and then began questioning him about unrelated murder…

Authorities Cited

• Gregg v. Georgia, 428 U.S. 153 (U.S. 1976)