Edwards rule (Florida) · Go Syfert
← Florida issues

Edwards rule in Florida

17 Florida opinions name it 2 courts 1981–2026 2 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (25)

CaseFollowedCited
Welch v. Stategreen
fla · 2008 · cited in 2 Florida opinions naming this issue, 2011–2018
2 sentences

2018Compare Bradshaw, 462 U.S. at 1043-44 (holding that suspect’s unprompted question, “Well, what is going to happen to me now?” satisfied Edwards rule) with Welch, 992 So. 2d at 213 -14 (citing Bradshaw and holding that suspect’s unprompted question, “What is going to happen to me now?” satisfied Edwards rule).

2018Compare Bradshaw , 462 U.S. at 1043 -44 , 103 S.Ct. 2830 (holding that suspect's unprompted question, "Well, what is going to happen to me now?" satisfied Edwards rule) with Welch , 992 So.2d at 213-14 (citing Bradshaw and holding that suspect's unprompted question, "What is going to happen to me now?" satisfied Edwards rule).

22
Arizona v. Robersongreen
scotus · 1988 · cited in 4 Florida opinions naming this issue, 1992–1995
2 sentences

1995The Court has made clear that the Edwards rule applies even where "the police want to interrogate a suspect about an offense that is unrelated to the subject of their initial interrogation." Roberson, 486 U.S. at 677 , 108 S.Ct. at 2096 .

1995The Court has made clear that the Edwards rule applies even where "the police want to interrogate a suspect about an offense that is unrelated to the subject of their initial interrogation." Roberson, 486 U.S. at 677 , 108 S.Ct. at 2096 .

14
Oregon v. Bradshawgreen
scotus · 1983 · cited in 3 Florida opinions naming this issue, 2001–2018
2 sentences

2018The Court further held that, in asking "Well, what is going to happen to me now?," Bradshaw had "initiated" further conversation for purpose of the Edwards rule. 5 Bradshaw , 462 U.S. at 1045 -46 , 103 S.Ct. 2830 .

2018The Court further held that, in asking "Well, what is going to happen to me now?," Bradshaw had "initiated" further conversation for purpose of the Edwards rule. 5 Bradshaw , 462 U.S. at 1045 -46 , 103 S.Ct. 2830 .

13
McNeil v. Wisconsingreen
scotus · 1991 · cited in 2 Florida opinions naming this issue, 1992–2005
2 sentences

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

12
Horace Franklin Dunkins, Jr. v. Morris Thigpen, Commissioner of Alabama Department of Corrections, and W.E. Johnson, Warden, Holman Unitgreen
ca11 · 1988 · cited in 2 Florida opinions naming this issue, 1992–2005
2 sentences

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

12
Edwards v. Arizonagreen
scotus · 1981 · cited in 1 Florida opinions naming this issue, 2018–2018
2 sentences

2018See Bradshaw , 462 U.S. at 1044 -46 , 103 S.Ct. 2830 (applying the " Edwards rule" as the first inquiry in this context and identifying "the next inquiry [as] 'whether a valid waiver of the right to counsel and the right to silence had occurred, that is, whether the purported waiver was knowing and intelligent and found to be so under the totality of the circumstances' " (quoting Edwards , 451 U.S. at 486 n.9, 101 S.Ct. 1880 ) ).

2018See Bradshaw , 462 U.S. at 1044 -46 , 103 S.Ct. 2830 (applying the " Edwards rule" as the first inquiry in this context and identifying "the next inquiry [as] 'whether a valid waiver of the right to counsel and the right to silence had occurred, that is, whether the purported waiver was knowing and intelligent and found to be so under the totality of the circumstances' " (quoting Edwards , 451 U.S. at 486 n.9, 101 S.Ct. 1880 ) ).

11
Muehleman v. Stategreen
fla · 2009 · cited in 1 Florida opinions naming this issue, 2018–2018
2 sentences

2018Muehleman v. State, 3 So. 3d 1149, 1160 (Fla. 2009) (quoting State v. Bowen, 698 So., 2d 248, 251 (Fla. 1997)); see also Wilson v. State, 201 So. 3d 203, 204 (Fla. 2d DCA 2016) (holding the trial court erred by focusing only on the defendant’s legal knowledge); Hooker v. State, 152 So. 3d 799, 802 (Fla. 4th DCA 2013) (“The likelihood that a defendant would incompetently represent himself is not a valid reason to deny his unequivocal request for self- representation.”).

2018Muehleman v. State, 3 So. 3d 1149, 1160 (Fla. 2009) (quoting State v. Bowen, 698 So., 2d 248, 251 (Fla. 1997)); see also Wilson v. State, 201 So. 3d 203, 204 (Fla. 2d DCA 2016) (holding the trial court erred by focusing only on the defendant’s legal knowledge); Hooker v. State, 152 So. 3d 799, 802 (Fla. 4th DCA 2013) (“The likelihood that a defendant would incompetently represent himself is not a valid reason to deny his unequivocal request for self- representation.”).

11
Thompson v. Stategreen
fladistctapp · 2010 · cited in 1 Florida opinions naming this issue, 2018–2018
2 sentences

2018Id. at 697-98 ; see also Thompson v. State, 37 So. 3d 939, 940 (Fla. 2d DCA 2010) (noting the record only showed that the court questioned the defendant “at some length about legal issues” before denying the request since it was a possible five- year sentence). 8 Significantly, once a trial court determines a defendant is competent to “knowingly and intelligently” waive his right to counsel and does not have severe mental illness, the Faretta inquiry is over. “[W]hether the defendant ‘could provide himself with a substantively qualitative defense’” does not fall under the Edwards exception.

2018Id. at 697-98 ; see also Thompson v. State, 37 So. 3d 939, 940 (Fla. 2d DCA 2010) (noting the record only showed that the court questioned the defendant “at some length about legal issues” before denying the request since it was a possible five- year sentence). 8 Significantly, once a trial court determines a defendant is competent to “knowingly and intelligently” waive his right to counsel and does not have severe mental illness, the Faretta inquiry is over. “[W]hether the defendant ‘could provide himself with a substantively qualitative defense’” does not fall under the Edwards exception.

11
City of Miami v. Steckloffgreen
fla · 1959 · cited in 1 Florida opinions naming this issue, 2018–2018
2 sentences

2018See id.

2018See id.

11
Wilson v. Stategreen
fladistctapp · 2016 · cited in 1 Florida opinions naming this issue, 2018–2018
2 sentences

2018Muehleman v. State, 3 So. 3d 1149, 1160 (Fla. 2009) (quoting State v. Bowen, 698 So., 2d 248, 251 (Fla. 1997)); see also Wilson v. State, 201 So. 3d 203, 204 (Fla. 2d DCA 2016) (holding the trial court erred by focusing only on the defendant’s legal knowledge); Hooker v. State, 152 So. 3d 799, 802 (Fla. 4th DCA 2013) (“The likelihood that a defendant would incompetently represent himself is not a valid reason to deny his unequivocal request for self- representation.”).

2018Muehleman v. State, 3 So. 3d 1149, 1160 (Fla. 2009) (quoting State v. Bowen, 698 So., 2d 248, 251 (Fla. 1997)); see also Wilson v. State, 201 So. 3d 203, 204 (Fla. 2d DCA 2016) (holding the trial court erred by focusing only on the defendant’s legal knowledge); Hooker v. State, 152 So. 3d 799, 802 (Fla. 4th DCA 2013) (“The likelihood that a defendant would incompetently represent himself is not a valid reason to deny his unequivocal request for self- representation.”).

11
Cravelyn Hooker v. Stategreen
fladistctapp · 2014 · cited in 1 Florida opinions naming this issue, 2018–2018
2 sentences

2018Muehleman v. State, 3 So. 3d 1149, 1160 (Fla. 2009) (quoting State v. Bowen, 698 So., 2d 248, 251 (Fla. 1997)); see also Wilson v. State, 201 So. 3d 203, 204 (Fla. 2d DCA 2016) (holding the trial court erred by focusing only on the defendant’s legal knowledge); Hooker v. State, 152 So. 3d 799, 802 (Fla. 4th DCA 2013) (“The likelihood that a defendant would incompetently represent himself is not a valid reason to deny his unequivocal request for self- representation.”).

2018Muehleman v. State, 3 So. 3d 1149, 1160 (Fla. 2009) (quoting State v. Bowen, 698 So., 2d 248, 251 (Fla. 1997)); see also Wilson v. State, 201 So. 3d 203, 204 (Fla. 2d DCA 2016) (holding the trial court erred by focusing only on the defendant’s legal knowledge); Hooker v. State, 152 So. 3d 799, 802 (Fla. 4th DCA 2013) (“The likelihood that a defendant would incompetently represent himself is not a valid reason to deny his unequivocal request for self- representation.”).

11
Applegate v. Barnett Bank of Tallahasseegreen
fla · 1979 · cited in 1 Florida opinions naming this issue, 2016–2016
2 sentences

2016Cf. Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979) ("[A] misconception by the trial judge of a controlling principle of law can constitute grounds for reversal.”). .

2016Cf. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) ("[A] misconception by the trial judge of a controlling principle of law can constitute grounds for reversal."). -8- that it did not consider prior to judgment, and to correct any error if the trial court becomes convinced that it has erred." Byrne v. Byrne, 128 So. 3d 2, 7 (Fla. 3d DCA 2012).

11
Nor-Tech Powerboats, Inc. v. HPBC, INC.green
fladistctapp · 2003 · cited in 1 Florida opinions naming this issue, 2016–2016
2 sentences

2016Analysis The trial court abused its discretion in denying Edwards' motion for a new trial. 3 Trial courts have “broad discretion in considering a motion for new trial.” Nor-Tech Powerboats, Inc. v. H.P.B.C., Inc., 855 So.2d 103, 105 (Fla. 2d DCA 2003).

2016Analysis The trial court abused its discretion in denying Edwards' motion for a new trial.3 Trial courts have "broad discretion in considering a motion for new trial." Nor- Tech Powerboats, Inc. v. H.P.B.C., Inc., 855 So. 2d 103, 105 (Fla. 2d DCA 2003).

11
Brown v. Stategreen
fladistctapp · 2012 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016Cf. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) ("[A] misconception by the trial judge of a controlling principle of law can constitute grounds for reversal."). -8- that it did not consider prior to judgment, and to correct any error if the trial court becomes convinced that it has erred." Byrne v. Byrne, 128 So. 3d 2, 7 (Fla. 3d DCA 2012).

11
Bowe v. Butlergreen
fladistctapp · 1961 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016A new trial should be granted "where the trial judge felt that substantial justice was not accomplished by the jury's verdict." Bowe v. Butler, 133 So. 2d 347, 354 (Fla. 2d DCA 1961).

11
McCray v. Stategreen
fla · 2011 · cited in 1 Florida opinions naming this issue, 2012–2012
2 sentences

2012Because the record evidence does not support the conclusion that appellant suffered from a severe mental illness, the Edwards exception to the constitutional right of self-representation does not apply- In sum, we conclude that the trial court erred in failing to hold a Faretta inquiry when appellant unequivocally requested to represent himself after the competency hearing. 3 See McCray v. State, 71 So.3d 848, 864 (Fla.2011) (although a trial court’s decision on a defendant’s request for self-representation is generally reviewed for an abuse of discretion, a trial court’s failure to take the p

2012Because the record evidence does not support the conclusion that appellant suffered from a severe mental illness, the Edwards exception to the constitutional right of self-representation does not apply- In sum, we conclude that the trial court erred in failing to hold a Faretta inquiry when appellant unequivocally requested to represent himself after the competency hearing. 3 See McCray v. State, 71 So.3d 848, 864 (Fla.2011) (although a trial court’s decision on a defendant’s request for self-representation is generally reviewed for an abuse of discretion, a trial court’s failure to take the p

11
Fitzpatrick v. Stategreen
fla · 2005 · cited in 1 Florida opinions naming this issue, 2005–2005
11
Blake v. Stategreen
md · 2004 · cited in 1 Florida opinions naming this issue, 2005–2005
11
Craig v. Stategreen
fladistctapp · 1992 · cited in 1 Florida opinions naming this issue, 2005–2005
11
United States v. John Antonio Evans, United States of America v. William McIntyregreen
ca4 · 1990 · cited in 1 Florida opinions naming this issue, 2005–2005
11
United States v. Pedro Angel Gomezgreen
ca11 · 1991 · cited in 1 Florida opinions naming this issue, 2005–2005
11
Edward Alan Hill v. Anthony J. Brigano, Wardengreen
ca6 · 1999 · cited in 1 Florida opinions naming this issue, 2005–2005
11
Michael Holman v. Mike Kemna, Superintendentgreen
ca8 · 2000 · cited in 1 Florida opinions naming this issue, 2005–2005
2 sentences

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

11
Stein v. Stategreen
fla · 1994 · cited in 1 Florida opinions naming this issue, 2001–2001
11
State v. Mancinogreen
fla · 1998 · cited in 1 Florida opinions naming this issue, 2000–2000
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (35)

CaseCitedYears
Maryland v. Shatzer green
scotus · 2010
2 sentences

2011And see Maryland v. Shatzer, — U.S. -,-, 130 S.Ct. 1213, 1219-20 , 175 L.Ed.2d 1045 (2010) (explaining that the Edwards rule means “a voluntary Miranda waiver is sufficient at the time of an initial attempted interrogation to protect a suspect’s right to have counsel present, but is not sufficient at the time of subsequent attempts if the suspect initially requested the presence of counsel”).

2011And see Maryland v. Shatzer, — U.S. -,-, 130 S.Ct. 1213, 1219-20 , 175 L.Ed.2d 1045 (2010) (explaining that the Edwards rule means “a voluntary Miranda waiver is sufficient at the time of an initial attempted interrogation to protect a suspect’s right to have counsel present, but is not sufficient at the time of subsequent attempts if the suspect initially requested the presence of counsel”).

22011–2021
Anders v. California green
scotus · 1967
1 sentence

2026At the revocation hearing below, the trial court repeatedly referred to Edwards' violation admission as an "open plea." Additionally, appellate counsel in this Anders1 appeal alleged in the initial brief that 1 Anders v. California, 386 U.S. 738 (1967).

12026–2026
Gregory David Larkin v. State of Florida green
fla · 2014
2 sentences

2018For example, in Larkin v. State, 147 So. 3d 452 (Fla. 2014), the Florida Supreme Court determined a trial court did not abuse its discretion in granting defendant’s request to waive counsel after multiple, proper Faretta inquires.

2018For example, in Larkin v. State, 147 So. 3d 452 (Fla. 2014), the Florida Supreme Court determined a trial court did not abuse its discretion in granting defendant’s request to waive counsel after multiple, proper Faretta inquires.

12018–2018
Anthony Williams v. State of Florida green
fladistctapp · 2015
2 sentences

2018Id. at 697-98 ; see also Thompson v. State, 37 So. 3d 939, 940 (Fla. 2d DCA 2010) (noting the record only showed that the court questioned the defendant “at some length about legal issues” before denying the request since it was a possible five- year sentence). 8 Significantly, once a trial court determines a defendant is competent to “knowingly and intelligently” waive his right to counsel and does not have severe mental illness, the Faretta inquiry is over. “[W]hether the defendant ‘could provide himself with a substantively qualitative defense’” does not fall under the Edwards exception.

2018Id. at 697-98 ; see also Thompson v. State, 37 So. 3d 939, 940 (Fla. 2d DCA 2010) (noting the record only showed that the court questioned the defendant “at some length about legal issues” before denying the request since it was a possible five- year sentence). 8 Significantly, once a trial court determines a defendant is competent to “knowingly and intelligently” waive his right to counsel and does not have severe mental illness, the Faretta inquiry is over. “[W]hether the defendant ‘could provide himself with a substantively qualitative defense’” does not fall under the Edwards exception.

12018–2018
Alford v. United States District Court for the Eastern District of Pennsylvania green
scotus · 2000
2 sentences

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

12005–2005
Marsh v. Virginia green
scotus · 2000
12005–2005
United States v. Mark A. Thomas and Sabrina A. Richards, A/K/A Sabrina A. Riggs green
ca7 · 1993
12005–2005
Ventimiglia v. St. Louis County, Missouri neutral
scotus · 2005
2 sentences

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

12005–2005
Illinois v. Braggs green
scotus · 2005
12005–2005
Carter v. North Carolina green
scotus · 2005
2 sentences

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

12005–2005
Keys v. State green
fladistctapp · 1992
2 sentences

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

12005–2005
United States v. Bert Lancaster, United States of America v. Derrick Vanlierop green
ca4 · 1996
2 sentences

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

12005–2005
Gonzalez v. State green
fladistctapp · 1984
12005–2005
Parker v. State green
fla · 2004
2 sentences

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

12005–2005
Omene v. Morrison green
scotus · 2000
12005–2005
Santos v. United States green
scotus · 2000
12005–2005
Kuhns v. Team Bank green
scotus · 1997
12005–2005
Lancaster v. United States green
scotus · 1997
2 sentences

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

12005–2005
Maryland v. Blake green
scotus · 2005
2 sentences

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

12005–2005
Robert Dale Henderson v. Harry K. Singletary, Secretary, Florida Department of Corrections green
ca11 · 1992
12005–2005
United States v. Walker green
mdd · 1985
12005–2005
Blair-Bey v. Nix green
scotus · 1992
12005–2005
Young v. Paskett green
scotus · 1992
12005–2005
Chambers v. DuCharme green
scotus · 1989
2 sentences

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

2005See Palaggi v. Chrans, 221 F.3d 1339 (7th Cir.2000) (unpublished opinion) ("Palaggi's confession in Illinois, initiated by him two days after the Edwards violation in Florida and after receiving Miranda warnings, was sufficiently removed from any taint."); Holman v. Kemna, 212 F.3d 413, 419 (8th Cir.2000) (defendant-initiated confession given morning after post-invocation of counsel questioning admissible), cert. denied, 531 U.S. 1021 , 121 S.Ct. 587 , 148 L.Ed.2d 502 (2000); Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999), cert. denied, 529 U.S. 1134 , 120 S.Ct. 2015 , 146 L.Ed.2d 964 (2000

12005–2005
Summers v. State green
fladistctapp · 1999
12000–2000
Rhode Island v. Innis green
scotus · 1980
11987–1987
United States of America Ex Rel. Miguel A. Espinoza v. J.W. Fairman, Warden green
ca7 · 1987
11987–1987
State v. Padron green
fladistctapp · 1983
11984–1984
Luman v. State neutral
fladistctapp · 1984
11984–1984
Chambers v. State green
fladistctapp · 1980
11981–1981
State v. Dukes green
fladistctapp · 1980
11981–1981
Presley v. State green
fladistctapp · 1980
11981–1981
Cappetta v. Wainwright green
fla · 1967
11981–1981
Spencer v. State green
fladistctapp · 1980
11981–1981
Blatch v. State green
fladistctapp · 1980
11981–1981

Where else courts name it

TX 92 (1986–2026) CA 77 (1981–2026) IL 57 (1980–2024) VA 52 (1986–2026) PA 35 (1986–2025) GA 31 (1986–2026) WI 30 (1973–2025) OH 25 (1988–2025) MS 23 (1992–2021) DC 20 (1977–2023) AL 20 (1980–2015) CO 18 (1989–2026) LA 18 (1982–2018) FL 17 (1981–2026) TN 16 (1985–2021) KS 16 (1994–2018) WA 15 (1982–2025) MI 13 (1983–2024) MO 13 (1912–2016) MN 13 (1989–2015) IN 13 (1987–2019) NJ 12 (1986–2025) DE 10 (1986–2017) AZ 10 (1977–2022) MD 10 (1993–2013) OR 9 (1986–2025) SC 9 (1978–2016) AK 8 (1983–2019) MA 8 (1991–2014) OK 8 (1974–2008) KY 6 (1973–2021) CT 6 (1991–2022) AR 6 (1988–2001) NC 6 (1985–2018) NV 5 (1985–2013) NY 5 (1979–2018) UT 4 (1984–2023) NE 4 (2018–2025) WY 4 (1991–2011) ME 4 (1990–2012) WV 4 (1995–2013) IA 4 (2003–2021) SD 4 (1990–2019) VT 3 (1986–1999) NM 3 (2012–2016) ID 3 (1982–2011) HI 2 (1983–2014) NH 2 (1983–2003) RI 2 (2002–2004) MT 2 (2009–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check