JOHN MCGILL, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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McGill appeals the denial of his postconviction motion alleging ineffective assistance of counsel for failure to suppress statements made after inadequate Miranda warnings. The court reversed, finding the Miranda warnings were deficient under Roberts v. State and that McGill's exculpatory statements presented a cognizable claim of ineffective assistance despite their non-inculpatory nature.
McGill stated a legally cognizable ineffective assistance of counsel claim under Rule 3.850 requiring either attachment of record portions refuting the claim or an evidentiary hearing. The court rejected the state's argument that no prejudice existed because the statements were exculpatory, holding that Miranda violations render statements inadmissible regardless of their inculpatory or exculpatory nature, and prejudice exists when the prosecutor exploited the inconsistencies at trial.
[1] A claim of ineffective assistance of counsel for failing to suppress statements obtained in violation of Miranda warnings is legally cognizable under Rule 3.850.
[2] Statements obtained in violation of Miranda warnings are inadmissible, regardless of whether they are inculpatory or exculpatory.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Statements obtained in violation of Miranda are inadmissible, regardless of whether they are inculpatory or exculpatory.”
Establishes the court's key principle rejecting the state's argument that exculpatory statements cause no prejudice
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMcGill was convicted of sexual battery, false imprisonment, and simple battery. At trial, the state introduced McGill's statement to police denying he…
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TAYLOR, J.
John McGill appeals the summary denial of his Rule 3.850 motion for postconviction relief. His motion alleged that trial counsel rendered ineffective assistance of counsel by failing to seek suppression of statements he made to police after receiving Miranda warnings like those deemed defective in Roberts v. State, 874 So. 2d 1225 (Fla. 4th DCA 2004), review denied sub nom. State v. West, 892 So. 2d 1014 (Fla.2005).
Appellant was convicted of sexual battery, false imprisonment, and simple battery. At trial, the state introduced appellant’s statement to police that he had not had sex with the victim to attack appellant’s defense of consensual sex. Defense counsel did not attempt to suppress appellant’s statements based on inadequate Miranda warnings. The warnings he received, however, were indistinguishable from those found deficient in Roberts. Further, the record does not show that appellant received warnings that contained the functional equivalent of required Miranda warnings, as were given in Canete v. State, 921 So. 2d 687 (Fla. 4th DCA) (en banc), review denied, 944 So. 2d 986 (Fla.2006).
We have previously held that this is a legally cognizable claim under Rule 3.850, requiring the attachment of portions of the record conclusively refuting the claim or an evidentiary hearing. See Monfiston v. State, 946 So. 2d 1194 (Fla. 4th DCA 2006); Bronder v. State, 929 So. 2d 615, 616 (Fla. 4th DCA 2006); Anthony v. State, 927 So. 2d 1084, 1086 (Fla. 4th DCA 2006).
We roundly reject the state’s argument that appellant has demonstrated no prejudice by trial counsel’s failure to seek suppression of the statements because the statements were exculpatory. Statements obtained in violation of Miranda are inadmissible, regardless of whether they are inculpatory or exculpatory. Davis v. State, 698 So. 2d 1182, 1188 (Fla.1997). Further, prejudice can be shown here, because appellant’s statements that no sexual acts occurred were in direct conflict with his defense at trial that he and the victim engaged in consensual sex. During closing argument, the state repeatedly referred to appellant’s statements in pointing out these inconsistencies and urging the jury to find him guilty.
We reverse the trial court’s summary denial and remand for an attachment of portions of the record conclusively refuting appellant’s claim or for an evidentiary hearing.
Reversed and Remanded.
KLEIN and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bartlett v. State, 972 So. 2d 224 (Fla. 4th DCA 2007)…ould never have testified had the statement been suppressed. Further, the State’s argument fails to understand the prejudicial impact of the “name-dropping” Bartlett engaged in, in an effort to make the charge go away. See generally McGill v. State, 964 So. 2d 183 (Fla. 4th DCA 2007) (granting postconviction relief where an attorney failed to move to suppress “exculpatory” statements, given in violation of [*226] Miranda, where the prejudice went to the credibility of the defendant’s current line of defense).…
Authorities Cited
- Davis v. State, 698 So. 2d 1182 (Fla. 1997)
- Gorman Roberts, Jr. v. State, 874 So. 2d 1225 (Fla. 4th DCA 2004)
- State v. West, 892 So. 2d 1014 (Fla. 2005)
- Canete v. State, 921 So. 2d 687 (Fla. 4th DCA 2006)
- Anthony v. State, 927 So. 2d 1084 (Fla. 4th DCA 2006)
- Cauthan v. State, 944 So. 2d 986 (Fla. 2006)
- Jones v. State, 929 So. 2d 615 (Fla. 4th DCA 2006)
- Monfiston v. State, 946 So. 2d 1194 (Fla. 4th DCA 2006)