The State of Florida v. Edelberto Lainez
This text of The State of Florida v. Edelberto Lainez (The State of Florida v. Edelberto Lainez) 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.
Opinion
Third District Court of Appeal State of Florida
Opinion filed December 18, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-0755 Lower Tribunal No. F20-351 ________________
The State of Florida, Appellant,
vs.
Edelberto Lainez, Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Lody Jean, Judge.
Ashley Moody, Attorney General, and Christina L. Dominguez, Assistant Attorney General, for appellant.
Carlos J. Martinez, Public Defender, and Jennifer Thornton, Assistant Public Defender, for appellee.
Before LOGUE, C.J., and FERNANDEZ and SCALES, JJ.
PER CURIAM.
Affirmed. See Traylor v. State, 596 So. 2d 957, 966 (Fla. 1992) (“Once
a suspect has requested the help of a lawyer, no state agent can reinitiate interrogation on any offense throughout the period of custody unless the
lawyer is present[.]”); Michigan v. Mosley, 423 U.S. 96, 104 (1975) (stating
“that the admissibility of statements obtained after the person in custody has
decided to remain silent depends under Miranda on whether his ‘right to cut
off questioning’ was ‘scrupulously honored.’” (quoting Miranda v. Arizona,
384 U.S. 436, 474, 479 (1966))).
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