U.S. Court of Appeals for the Eleventh Circuit, 2011

United States v. James Peter Roberts

United States v. James Peter Roberts
U.S. Court of Appeals for the Eleventh Circuit · Decided September 20, 2011 · Hull, Fay, Vinson
440 F. App'x 859

United States v. James Peter Roberts

Opinion of the Court

PER CURIAM:

Under the facts and circumstances of this case, we find that the statement made by the Defendant was an unequivocal request for a lawyer and that he did not reinitiate any conversation with the agent. Under our prior panel rule, Burger King Corp. v. Pilgrim’s Pride Corp., 15 F.3d 166, 169 (11th Cir. 1994), we find that Cannady v. Dugger, 931 F.2d 752 (11th Cir. 1991), controls and requires that we reverse the ruling on the motion to suppress and remand the case for further proceedings.

REVERSED AND REMANDED.

Dissenting Opinion

VINSON, District Judge,

dissenting:

I respectfully dissent based upon my conclusion that the Supreme Court in, Davis v. United States, 512 U.S. 452, 114 S.Ct. 2350, 129 L.Ed.2d 362 (1994), has overruled Cannady.

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