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Day v. State, No. 4D08-4214 (Fla. App. 3/10/2010) (Fla. App., 2010)

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JAMES DAY JR., Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-4214 District Court of Appeal of Florida, Fourth District. March 10, 2010. Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County, Cynthia L. Cox, Judge, L.T. Case No. 562007CF004210A. Thomas L. Colter of Law Office of Thomas L. Colter, P.A., Stuart, for appellant. Bill McCollum, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee. LEVINE, J. The issue presented in this case is whether the interrogating officer’s constant promises became an improper inducement rendering appellant’s statement involuntary. We find, based upon the totality of the circumstances, the confession is involuntary and due process requirements render the statement inadmissible...continue to full post

Full post as published by Florida Criminal Law Opinions on March 10, 2010 (boomark / email).