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Florida District Courts of Appeal, 1987

Cox v. State

Cox v. State
Florida District Courts of Appeal · Decided April 28, 1987 · Barkdull, Baskin, Jorgenson
506 So. 2d 53; 12 Fla. L. Weekly 1111; 1987 Fla. App. LEXIS 7877 (Southern Reporter, Second Series)

Cox v. State

Opinion of the Court

PER CURIAM.

Finding that the trial court’s failure to exclude defendant’s post-Miranda statement used by the state to rebut defendant’s insanity defense falls within the prohibitions of Wainwright v. Greenfield, 474 U.S. 284, 106 S.Ct. 634, 88 L.Ed.2d 623 (1986), and State v. Burwick, 442 So.2d 944 (Fla.), cert. denied, 466 U.S. 931, 104 S.Ct. 1719, 80 L.Ed.2d 191 (1983), we reverse and remand for a new trial.

Reversed and remanded.

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