CHARLES GRADY, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Delgado-Armenta, 429 So. 2d 328 (Fla. 3d DCA 1983)
  …English language can hardly be equated with a lack of intelligence. Therefore, finding an absence of evidence as to the defendants’ lack of intelligence, we are compelled to reject the trial court’s determination on this issue. See State v. Barnes, 245 So. 2d 108 (Fla. 3d DCA), cert. denied, 248 So. 2d 170 (1971).3 Accordingly, we reverse that portion of the order which granted the defendants’ motion to suppress on the basis of the insufficiency of Miranda warnings or the lack of an intelligent waiver. Ill…
• State v. Paschal, 358 So. 2d 73 (Fla. 1st DCA 1978)
  …had his freedom of action been deprived in any significant way. The officer’s question was akin to the investigatory on-the-scene questioning referred to in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Cf. State v. Barnes, 245 So. 2d 108 (Fla. 3 DCA 1971); Melero v. State, 306 So. 2d 603 (Fla. 3 DCA 1975); United States v. Montos, 421 F. 2d 215 (5th Cir. 1970), cert. denied, 397 U.S. 1022, 90 S.Ct. 1262, 25 L.Ed.2d 532 (1970). The defendant’s second statements were properly admissib…
• State v. Fabio Rincon, 994 So. 2d 430 (Fla. 3d DCA 2008)
  …ng this early on-the-scene investigatory stage, where the police have not focused on a suspect, and the questioning is not accusatory or has its core purpose the intent to elicit a confession, Miranda is not implicated. Id. See also State v. Barnes, 245 So. 2d 108, 109 (Fla. 3d DCA 1971) (reversing the trial court’s order suppressing Barnes’ admission that she stabbed the victim, finding that the officer’s question asking Barnes “who stabbed the victim” was on-the-scene questioning, not custodial interrogatio…

Authorities Cited

• State v. Weeks, 166 So. 2d 892 (Fla. 1964)
• McCall v. State, 135 Fla. 712 (Fla. 1939)