neutral
Cited (no substantive treatment)
0.3 score
Joseph Bernard HOLDER
v.
The STATE of Florida
v.
The STATE of Florida
No. 98-657.
District Court of Appeal of Florida, Third District.
Apr 14, 1999.
Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant., Robert A. Butterworth, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.
Fletcher, Nesbitt, Shevin.
Published
Affirmed. See Roman v. State, 475 So.2d 1228, 1232 (Fla.1985)(‘We review the trial court’s - ruling [concerning the voluntariness of the confession] by viewing the totality of the circumstances.”), cert. denied, 475 U.S. 1090, 106 S.Ct. 1480, 89 L.Ed.2d 734 (1986). Cf. Drake v. State, 441 So.2d 1079, 1081 (Fla.1983)(The record does not show that it was made clear to defendant that he was free to leave at time of interrogation, and defendant specifically requested the discontinuance of further interrogation without his attorney.), cert. denied, 466 U.S. 978, 104 S.Ct. 2361, 80 L.Ed.2d 832 (1984).