REBA LOUISE SMITH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed a manslaughter conviction because the trial court failed to make an unmistakably clear finding of voluntariness regarding the defendant's confession, as required by controlling precedent.
A trial court's denial of a motion to suppress a confession must reflect unmistakable clarity regarding voluntariness in the record, not merely a conclusory denial statement.
[1] A trial court's conclusion that a confession is voluntary must appear from the record with unmistakable clarity; a mere conclusory denial of a suppression motion is insuf…
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Join FLexlaw to unlock all legal intelligence“his conclusion that a confession is voluntary must appear from the record with unmistakable clarity”
The court explained the standard for trial court findings on confession voluntariness, citing Sims v. Georgia.
Reba Louise Smith was convicted by jury of manslaughter and sentenced to ten years in prison. She challenged the admission of her confession at trial.…
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PER CURIAM.
Defendant-appellant was informed against, tried by jury, convicted, and sentenced to ten (10) years in the state penitentiary for manslaughter. Appellant raises two points on appeal, (1) the trial court erred in denying the motion to suppress her confession without an unequivocal and explicit finding of voluntariness, and (2) the trial court erred in denying the above motion where there was no clear showing of a knowing and intelligent waiver of the defendant’s constitutional rights.
As to the first point, we find McDole v. State, Fla.1973, 283 So. 2d 553-to be controlling. In McDole, the Supreme Court first quoted Sims v. Georgia, 385 U.S. 538, 87 S.Ct. 639, 17 L.Ed.2d 593 (1967), which held that a trial judge need not make formal findings of fact or write an opinion with respect to the voluntariness of a confession, but his conclusion that a confession is voluntary must appear from the record with unmistakable clarity. Thereupon, the court determined that such “unmistakable clarity” does not appear simply from the trial judge’s statement that the motion to suppress the confession is denied as was done in the case sub judice.
Accordingly, we reverse the judgment and sentence herein appealed and remand the cause for a new trial.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Wilson v. State, 304 So. 2d 119 (Fla. 1974)…must show by a preponderance of the evidence that a confession was voluntary (Dodd v. State, Fla.App. 1970, 232 So. 2d 235; State v. Stone, Fla.App.1973, 279 So. 2d 351; State v. Harris, Fla.App. 1973, 276 So. 2d 845; Smith v. State, Fla.App. 1974, 288 So. 2d 522; and McDole v. State, Fla. 1973, 283 So. 2d 553), nevertheless, there are many instances in an evidentiary hearing where certain apparent impervious occasions arise. Wisdom and reasoning must then be applied in resolving the ultimate conclusion to b…
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Anton Kevin Peterson v. State, 382 So. 2d 701 (Fla. 1980)…. 2d 1221 (Fla.3d DCA 1977); Von Horn v. State, 334 So. 2d 43 (Fla.3d DCA 1976); Walker v. State, 319 So. 2d 642 (Fla.3d DCA 1975); Walker v. State, 311 So. 2d 768 (Fla.3d DCA 1975); Graham v. State, 292 So. 2d 373 (Fla.3d DCA 1974); Smith v. State, 288 So. 2d 522 (Fla.3d DCA 1974); Knight v. State, 373 So. 2d 52 (Fla.4th DCA 1979); Bul-lard v. State, 358 So. 2d 48 (Fla.4th DCA 1978); Greene v. State, 351 So. 2d 1031 (Fla.4th DCA 1976). . Sims v. Georgia, 385 U.S. 538, 87 S.Ct. 639, 17 L.Ed.2d 593 (1967).…
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Trolinger v. State, 300 So. 2d 310 (Fla. 2d DCA 1974)…cific finding of voluntariness and without a clear and convincing showing that he had knowingly and intelligently waived his constitutional rights. Unlike the situation in McDole v. State, Fla.1973, 283 So. 2d 553; Smith v. State, Fla.App.3d, 1974, 288 So. 2d 522, and Graham v. State, Fla.App.3d 1974, 292 So. 2d 373, where the court merely stated that the motion to suppress the confession was denied, the trial judge in the case sub judice stated that Trolinger’s rights were read to him, he was asked if he un…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sims v. Georgia, 385 U.S. 538 (U.S. 1967)
- McDOLE v. State, 283 So. 2d 553 (Fla. 1973)