Herard v. State
In this direct appeal of a death sentence, the Florida Supreme Court affirmed Herard's 18 gang-related felony convictions, including two first-degree murders, and his death sentence for one murder. The Court rejected challenges to the dismissal of an initial jury venire, the admission of multiple custodial statements made over two days of interrogation, exclusion of a defense expert on false confessions, and the constitutionality of Herard's pre-Hurst capital sentencing under State v. Poole.
Key facts
- Herard was convicted of 18 gang-related felonies including two first-degree murders and sentenced to death for one murder.
- At trial, Herard challenged the admission of custodial statements made during two days of interrogation, the exclusion of a false-confessions expert, and the dismissal of the initial jury venire.
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Why it matters
This opinion is a useful reference for practitioners on the Miranda reinitiation doctrine, reaffirming and applying the Court's very recent Penna decision that no automatic re-Mirandizing is required after a suspect… — full analysis with a trial
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