4D2020-0345
On remand from the Florida Supreme Court's decision receding from Shelly v. State, the Fourth District applied the restored Edwards-Bradshaw two-part test (reinitiation of contact plus totality-of-the-circumstances waiver) instead of Shelly's categorical 'remind-or-readvise' rule, and affirmed the trial court's denial of Penna's motion to suppress incriminating statements he made to a guarding deputy after invoking his Miranda rights. The court held Penna reinitiated all conversations and knowingly and voluntarily waived his previously invoked rights based on the totality of the circumstances, including his own demonstrated understanding of Miranda rights.
Key facts
- Defendant Penna invoked his Miranda rights while in police custody but subsequently initiated conversations with a guarding deputy, to whom he made incriminating statements.
- The trial court denied Penna's motion to suppress the statements, finding that Penna reinitiated contact and knowingly and voluntarily waived his previously invoked rights.
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Why it matters
This decision implements the Florida Supreme Court's landmark ruling in State v. Penna abolishing Shelly's categorical remind-or-readvise requirement, restoring Florida to the federal Edwards-Bradshaw framework for… — full analysis with a trial
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