Shelly v. State

Docket NumberSC16-1195
Decision Date13 December 2018
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7 cases
  • People v. Leyba
    • United States
    • Colorado Court of Appeals
    • September 12, 2019
    ...being charged with and then got up to leave, and the suspect immediately said, "I'd like to say something else." See also Shelly v. State , 262 So. 3d 1, 15 (Fla. 2018) (immediately after invoking his right to counsel, the defendant continued and reinitiated the conversation by asking the d......
  • Penna v. State
    • United States
    • Florida District Court of Appeals
    • December 22, 2021
    ...given the defendant his Miranda rights again, violated his Miranda rights, as the Florida Supreme Court held in Shelly v. State , 262 So. 3d 1 (Fla. 2018).The state filed a written response arguing that all of the defendant's statements to the deputy were spontaneous and not the result of c......
  • N.J.O. v. State
    • United States
    • Florida District Court of Appeals
    • February 28, 2020
    ...or her rights, it is improper for officers to attempt to coax or cajole a suspect into waiving those rights. See, e.g., Shelly v. State, 262 So. 3d 1, 17 (Fla. 2018) (holding that it was a violation of the suspect's Miranda rights for the police to attempt to coax the suspect into permittin......
  • Kramer v. State, No. 4D18-88
    • United States
    • Florida District Court of Appeals
    • April 8, 2020
    ...after her invocation of rights where the interrogation did not cease upon the suspect's invocation of rights. Shelly v. State , 262 So. 3d 1, 17 (Fla. 2018)."[T]he admissibility of statements obtained after the person in custody has decided to remain silent depends under Miranda on whether ......
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1 books & journal articles
  • Defendant's statements
    • United States
    • James Publishing Practical Law Books The Florida Criminal Cases Notebook. Volume 1-2 Volume 2
    • April 30, 2021
    ...may be properly admitted. The accused be specifically given his or her Miranda rights after an alleged re-initiation. Shelley v. State, 262 So. 3d 1 (Fla. 2018) Defendant’s mention of the word “lawyer”, while on video tape in an interrogation room but alone, is an equivocal invocation of th......

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