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Headrick v. State

Headrick v. State, 366 So. 2d 1190 (Fla. Dist. Ct. App. 1978)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
December 28, 1978
Docket
No. KK-498
Judges
Per Curiam
Citations
366 So. 2d 1190
Cited by 6

Opinion — Per Curiam

366 So.2d 1190 (1978)

Stanley HEADRICK, Appellant,

v.

STATE of Florida, Appellee.

No. KK-498.

District Court of Appeal of Florida, First District.

December 28, 1978. Rehearing Denied February 26, 1979.

Stephen A. Smith of Smith & Smith, Lake City, for appellant.

Robert L. Shevin, Atty. Gen., Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee.

PER CURIAM.

Headrick appeals from a plea of nolo contendere to burglary and grand larceny wherein he reserved the right to appeal the admissibility of a confession made after twenty-four hours of imprisonment, but before his first appearance. We disagree with his argument that the violation of *1191 Fla.R.Crim.P. 3.130(b) requires that the confession be automatically suppressed. Here, the defendant was advised of his rights and we have concluded that the confession was otherwise voluntary. Further, there is no indication that the delay induced the confession. Romanello v. State, 160 So.2d 529 (Fla. 1st DCA 1964), cert. denied, 168 So.2d 148 (Fla. 1964).

Each case must be examined upon its own facts to determine whether a violation of Rule 3.130(b), considering its purpose and effect, has induced an otherwise voluntary confession. See Kilgore v. State, 350 So.2d 1144 (Fla. 1st DCA 1977). Accordingly, we affirm.

McCORD, C.J., and ERVIN and MELVIN, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1980: 11981: 11985: 11987: 12002: 12004: 119802026peak 1980 · 1

Relies on it most ⓘ

  1. Chavez v. State832 So. 2d 730 (Fla. 2002)
  2. Keen v. State504 So. 2d 396 (Fla. 1987)
  3. Commonwealth v. Perez845 A.2d 779 (Pa. 2004)
  4. Cribbs v. State378 So. 2d 316 (Fla. Dist. Ct. App. 1980)
  5. Williams v. State466 So. 2d 1246 (Fla. Dist. Ct. App. 1985)
  6. State v. Kitchens399 So. 2d 503 (Fla. Dist. Ct. App. 1981) · Concurrence

Most recent

  1. Commonwealth v. Perez845 A.2d 779 (Pa. 2004)
  2. Chavez v. State832 So. 2d 730 (Fla. 2002)
  3. Keen v. State504 So. 2d 396 (Fla. 1987)
  4. Williams v. State466 So. 2d 1246 (Fla. Dist. Ct. App. 1985)
  5. State v. Kitchens399 So. 2d 503 (Fla. Dist. Ct. App. 1981) · Concurrence
  6. Cribbs v. State378 So. 2d 316 (Fla. Dist. Ct. App. 1980)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Romanello v. State, 160 So. 2d 529 (Fla. Dist. Ct. App. 1964) 30
Kilgore v. State, 350 So. 2d 1144 (Fla. Dist. Ct. App. 1977) 1

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