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Supreme Court of Florida


Cuervo v. State of Florida, SC06-1156

In the context of a suspect's right to remain silent under the Fifth Amendment and state constitution, the court reaffirms that if a suspect indicates in any manner that he or she does not want to be interrogated, interrogation must immediately stop. Also, once a suspect has invoked the right against self-incrimination, a potentially misleading elaboration of the right by police renders a resulting waiver invalid.

Appellate Information

  • Decided 07/12/2007
  • Published 07/12/2007

Judges

  • PARIENTE, J.

Court

  • Supreme Court of Florida

Counsel

  • For Appellant:
  • James S. Purdy, Public Defender, Thomas J. Lukashow and Leonard R. Ross, Assistant Public Defenders, Seventh Judicial Circuit, Daytona Beach, FL, for Petitioner.

  • For Appellees:
  • Bill McCollum, Attorney General, Tallahassee, FL, Kristen L. Davenport and Kellie A. Nielan, Assistant Attorneys General, Daytona Beach, FL, for Respondent.
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