Gillis v. State
Gillis v. State
Dissenting Opinion
dissenting.
I respectfully dissent to the discharge of this case. I agree that the Miranda forms are substantially different. However, I do not believe that this difference is material to the express holdings in the cases. In other words, this factual distinction does not negate the express and direct conflict between the holding in Gillis and the holdings in Ripley and West. There is interdis-trict conflict concerning whether Miranda requires that an accused be advised that he or she may terminate questioning at any time. See Gillis, 930 So.2d at 806 (holding that the Miranda rights form was not legally inadequate and that Gillis was
Opinion of the Court
We initially accepted review of the decision in Gillis v. State, 930 So.2d 802 (Fla. 3d DCA 2006), based on alleged express and direct conflict with Ripley v. State, 898 So.2d 1078 (Fla. 4th DCA 2005), and West v. State, 876 So.2d 614 (Fla. 4th DCA 2004). Upon further consideration we conclude that jurisdiction was improvidently granted, because these cases are factually distinguishable. The Miami-Dade Police Department’s Miranda
It is so ordered.
. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
. The text of the Broward County Sheriff’s Office’s Miranda rights form at issue in Ripley and West is found in Roberts v. State, 874 So.2d 1225, 1226 (Fla. 4th DCA 2004). Compare Gillis, 930 So.2d at 805-06, with Roberts, 874 So.2d at 1226.
Reference
- Full Case Name
- Nickulis GILLIS v. STATE of Florida
- Cited By
- 2 cases
- Status
- Published