Kipp v. State

District Court of Appeal of Florida

Kipp v. State

703 So. 2d 1121, 1997 Fla. App. LEXIS 12725, 1997 WL 719593

CourtDistrict Court of Appeal of Florida

DecidedNovember 12, 1997

DocketNo. 94-00091

StatusPublished

Cited by1 cases

This text of 703 So. 2d 1121 (Kipp 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.

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Kipp v. State, 703 So. 2d 1121, 1997 Fla. App. LEXIS 12725, 1997 WL 719593 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

Pursuant to the mandate of the Supreme Court of Florida issued in this cause on September 11, 1997, the opinion of this court filed January 19, 1996, Kipp v. State, 668 So.2d 214 (Fla. 2d DCA 1996), is withdrawn. In accord with the Supreme Court’s opinion, we have reviewed the record and determined that Kipp’s invocation of his right to remain silent was equivocal. Thus, under State v. Owen, 696 So.2d 715 (Fla.1997), the police were not required to seek clarification or cease interrogation. The trial court did not err in denying Kipp’s motion to suppress the statements he made to police while incarcerated in Georgia.

We affirm the convictions and sentence.

PARKER, C.J., and DANAHY and FULMER, JJ., concur.

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PER CURIAM.

Pursuant to the mandate of the Supreme Court of Florida issued in this cause on September 11, 1997, the opinion of this court filed January 19, 1996, Kipp v. State, 668 So.2d 214 (Fla. 2d DCA 1996), is withdrawn. In accord with the Supreme Court’s opinion, we have reviewed the record and determined that Kipp’s invocation of his right to remain silent was equivocal. Thus, under State v. Owen, 696 So.2d 715 (Fla.1997), the police were not required to seek clarification or cease interrogation. The trial court did not err in denying Kipp’s motion to suppress the statements he made to police while incarcerated in Georgia.

We affirm the convictions and sentence.

PARKER, C.J., and DANAHY and FULMER, JJ., concur.

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Bluebook (online)

703 So. 2d 1121, 1997 Fla. App. LEXIS 12725, 1997 WL 719593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kipp-v-state-fladistctapp-1997.

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