CHAVEZ

v.

UNITED STATES

Citator

Cited By (15 total)

• Stancle v. State, 917 So. 2d 911 (Fla. 4th DCA 2005)
  …ly inform a person of his or her constitutional rights. See Roberts v. State, 874 So. 2d 1225, 1227 (Fla. 4th DCA 2004), rev. denied sub nom., State v. West, 892 So. 2d 1014 (Fla.2005); Ramirez v. State, 739 So. 2d 568, 573 (Fla.1999), cert. denied, 528 U.S. 1131, 120 S.Ct. 970, 145 L.Ed.2d 841 (2000). When no evidentiary hearing is held, a movant’s allegations are accepted as true unless they are conclusively refuted by the record. See Tompkins v. State, 872 So. 2d 230, 238 (Fla.2003); Valle v. State, 705…
• State v. Shawanta Scott, 786 So. 2d 606 (Fla. 5th DCA 2001)
  …in custody when incriminating statements are made is entitled to great deference. It is only where the ruling is not supported by competent, substantial evidence that reversal is required. In Ramirez v. State, 739 So. 2d 568 (Fla.1999), cert. den., 528 U.S. 1131, 120 S.Ct. 970, 145. L.Ed.2d 841 (2000), the supreme court enunciated the following guidelines for determining whether an interrogation is custodial: ... ‘Interrogation takes place ... when a person is subjected to express questions, or other words…
• Brancaccio v. State, 773 So. 2d 582 (Fla. 4th DCA 2000)
  …(ultimate issue of voluntariness is legal question requiring independent federal determination); Ramirez v. State, 739 So. 2d 568, 575 (Fla.1999) (legal question of voluntariness of confession determined by totality of circumstances), cert. denied, 528 U.S. 1131, 120 S.Ct. 970, 145 L.Ed.2d 841 (2000); W.M. v. State, 585 So. 2d 979 (Fla. 4th DCA 1991) (same). Applying these standards, the confession survives appellate constitutional scrutiny. For a juvenile’s confession, the relevant circumstances include:…