Calder v. State

133 So. 3d 1025, 2014 WL 51972, 2014 Fla. App. LEXIS 158
CourtDistrict Court of Appeal of Florida
DecidedJanuary 8, 2014
DocketNo. 4D11-4237
StatusPublished
Cited by9 cases

This text of 133 So. 3d 1025 (Calder v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Calder v. State, 133 So. 3d 1025, 2014 WL 51972, 2014 Fla. App. LEXIS 158 (Fla. Ct. App. 2014).

Opinion

TAYLOR, J.

Winston Calder appeals his conviction of first degree murder, arguing that the trial court erred in denying his motion to suppress the statements he made to police during a videotaped interrogation after he had invoked his right to counsel. Because the police failed to scrupulously honor Calder’s invocation of his rights, and because the totality of the circumstances shows that Calder’s reinitiation of the interrogation was nothing more than the product of improper police conduct, we reverse the denial of his motion to suppress and remand for a new trial.

On January 20, 2008, during an argument in which his girlfriend, Georgia Lee, tried to remove him from their apartment, Calder shot and killed Lee. Police arrested Calder the following day. After asking Calder some preliminary questions about his background, Detective Sessions advised Calder of his Miranda rights. When the [1028]*1028detective asked Calder if he understood the rights he read to him, the following exchange occurred:

Calder: I would prefer a lawyer.
Detective: You would prefer to have a lawyer?
Calder: Yeah.
Detective: Okay. You have a lawyer?
Calder: I can’t afford a lawyer, number four.
Detective: Four says if you cannot afford a lawyer one will be appointed to represent you, in other words, at no cost to you.
Calder: Yeah. When can I get that done?
Detective: When can you get that done?
Calder: Four, present a lawyer. You know, I want to know about those two, number three and number four.
Detective: Number three just simply means at any point in time during the interview if you wanted to have a lawyer present you would be allowed to have that. And number four means if you can’t afford one, one will be appointed to represent you at no cost to yourself. In other words, it would be free of charge. If you couldn’t afford it, that’s what that basically means.
Now, the only thing is at that point in time I’m not gonna be able to get your side of the story and I’m not gonna be able to present your side of the story to the State Attorney’s office.
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Detective: Are you willing to give your side of the story without a lawyer present, yes or no?
Calder: No, I want to feel the comfortable level.
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Detective: In other words, you want to tell your side of the story, however you will feel more comfortable having a lawyer present regardless of what happened?
Calder: Yes.
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Detective: So you saying you want to have a lawyer present? I can’t talk to you anymore, do you understand that?
Calder: Yeah.
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Detective: Let me ask you this, would you feel more comfortable if the conversation we had was tape recorded ... ?
Calder: Well a lawyer present to me—
Detective: ... But the thing is I can’t tape record a conversation with you without you first of all agreeing to speak to me without a lawyer being present. Do you understand?
Calder: I feel comfortable going to a lawyer.
Detective: You feel better having a lawyer?
Calder: Yeah.
Detective: Not a problem we can certainly do that. Okay, that is not a problem at all.
Calder: I feel more comfortable like that.

The detective told Calder that it was his legal right to have an attorney, but before leaving him alone in the interrogation room, the detective said to Calder:

[I]f you do change your mind and you do want to talk to me about your side of the story, okay, what I need you to do is — knock on the door but knock kind of loud, just knock on it kind of loud, I’ll come back in and then if you say you know what, Detective Sessions, I really, it really would make me feel better if I got the opportunity to give my side of the story, talk about what happened on Saturday, I know [1029]*1029what happened, okay? I know that it’s very difficult for you and it’s going to be tough for you to sleep because the bottom line is you been through a tough situation and nobody wants to be in your shoes, obviously, but at the same time one of the things that makes somebody feel a lot better is if they get the opportunity to get things off of their chest, it kind of clears their mind, it clears their conscious [sic] and it makes them feel better, you know.

While Calder was alone in the interrogation room, he cried for several minutes. Less than ten minutes after the detective left Calder alone in the room, Calder opened the door and asked to speak to the detective. The detective returned and, after he administered Miranda warnings, Calder signed a waiver. Soon thereafter, Calder confessed to firing the fatal shot that killed Lee. He claimed that the shooting was accidental.

The trial court held a hearing on Calder’s motion to suppress his statements. The court found that Calder unequivocally invoked his right to counsel when he told Detective Sessions that he would feel more comfortable with a lawyer. The court further found that the detective ceased interrogating Calder after he invoked his right to counsel, and that Calder initiated further conversation with the detective. After considering the totality of circumstances surrounding the interrogation, the trial court found that Calder’s decision to waive his right to counsel and give a statement to the detective was made knowingly, intelligently, and voluntarily. Based on those findings and conclusions of law, the trial court denied Calder’s motion to suppress his statements.

Calder argues that the police obtained his confession in violation of his Miranda rights. He acknowledges that he initiated further discussions with the police after invoking his right to counsel, but contends that his subsequent waiver was not knowingly and voluntarily made. Instead, he contends that the waiver was the product of the detective’s failure to scrupulously honor his right to counsel and to remain silent after he invoked his rights. He argues that the detective’s persistent attempts to persuade him to “tell his side of the story” amounted to improper interrogation that vitiated the voluntariness of his subsequent waiver.1

“A trial court’s ruling on a motion to suppress comes to the appellate court clothed with a presumption of correctness and the court must interpret the evidence and reasonable inferences and deductions derived therefrom in a manner most favorable to sustaining the trial court’s ruling.” Jackson v. State, 18 So.3d 1016, 1027 (Fla.2009); State v. Triplett, 82 So.3d 860, 863 (Fla. 4th DCA 2011).

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Cite This Page — Counsel Stack

Bluebook (online)
133 So. 3d 1025, 2014 WL 51972, 2014 Fla. App. LEXIS 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calder-v-state-fladistctapp-2014.