WILLIAM POWELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MILLS, Acting Chief Judge.
Appellant seeks review of his conviction for possession and sale of a controlled substance, to wit: heroin, urging that the trial court erred in denying his motion for disclosure of the identity of a confidential informer. The facts herein are virtually identical to those expressed in McCants v. State, 363 So. 2d 362 (Fla. 1st DCA 1978), HH-217, opinion filed September 21, 1978, and thus the decision therein is dispositive of the issue raised here. Accordingly, since in our view the court did not err in refusing to require disclosure of the identity of the confidential informant, the judgments and sentences are AFFIRMED.
MELVIN, J., concurs.
ERVIN, J., dissents.
ERVIN, Judge,
dissenting.
I dissent for the same reasons previously stated in McCants v. State, 363 So. 2d 362, No. HH-217 (Fla. 1st DCA, September 21, 1978).
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Bowen v. State, 404 So. 2d 145 (Fla. 2d DCA 1981)…e police. In light of the relative positions of the police and the suspect in an interrogation situation, Florida cases have recognized that relatively little pressure by the police may overcome a suspect’s will to remain silent. Breedlove v. State, 364 So. 2d 495 (Fla. 4th DCA 1978); Jones v. State, 346 So. 2d 639 (Fla. 2d DCA 1977); Webber v. State, 305 So. 2d 235 (Fla. 2d DCA 1975). Jones demonstrates that courts carefully scrutinize the actions of interrogating officers where a defendant has asserted his…
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Reaves v. State, 458 So. 2d 53 (Fla. 3d DCA 1984)…ioning of a person in custody must cease when he asserts his right to remain silent, the defendant relied on Michigan v. Mosley, 423 U.S. 96, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975); Bowen v. State, 404 So. 2d 145 (Fla. 2d DCA 1981); Breedlove v. State, 364 So. 2d 495 (Fla. 4th DCA 1978), and Jones v. State, 346 So. 2d 639 (Fla. 2d DCA 1977), all of which speak to the same proposition. . Statements which have been found to be involuntary because they have been obtained through coercive tactics, false promises, a…1 / 2
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Rickard v. State, 508 So. 2d 736 (Fla. 2d DCA 1987)…ever slight. Brewer v. State, 386 So. 2d 232 (Fla.1980); Brockelbank v. State, 407 So. 2d 368 (Fla. 2d DCA 1981). An accused’s emotional condition when giving such statements may have an important bearing on their volun-tariness. Breedlove v. State, 364 So. 2d 495 (Fla. 4th DCA 1978), cert. denied, 374 So. 2d 101 (Fla.1979). Here, the trial judge declined to allow the defendant to present testimony of her mental condition. We think this was error because courts have long recognized that coercion to induce con…
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- McCANTS v. State, 363 So. 2d 362 (Fla. 1st DCA 1978)