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Shook v. State

District Court of Appeal of Florida, First District
Nov 9, 2000
770 So. 2d 1261 (Fla. Dist. Ct. App. 2000)

Summary

holding that "Get me an attorney right now" was an unequivocal request for counsel

Summary of this case from Moss v. State

Opinion

No. 1D99-1690.

Opinion filed November 9, 2000.

An appeal from the Circuit Court for Okaloosa County, Thomas T. Remington, Judge.

Reversed and Remanded.

Nancy A. Daniels, Public Defender, and Judith Dougherty Hall, Assistant Public Defender, Tallahassee, Attorneys for Appellant.

Robert A. Butterworth, Attorney General, and Bart Schneider, Assistant Attorney General, Tallahassee, Attorneys for Appellee.


Appellant appeals the denial of his motion to suppress a taped statement made to police while in custody, and the admission of testimony at trial of statements Appellant made to eyewitnesses. We affirm in part, reverse in part, and remand for a new trial.

We hold that Appellant's statement, "Get me an attorney right now" was an unequivocal request for counsel, and interrogation should have ceased immediately, and not resumed until counsel was provided. Smith v. Illinois, 469 U.S. 91, 105 S.Ct. 490 (1984); Almeida v. State, 737 So.2d 520 (Fla. 1999), cert. denied ___ U.S. ___, 120 S.Ct. 1221 (2000). Therefore, we must reverse and remand for a new trial. Appellant's other issue on appeal claiming the trial court erred in admitting testimony of certain witnesses is without merit.

REVERSED and REMANDED.

BOOTH, ALLEN and PADOVANO, JJ., CONCUR.


Summaries of

Shook v. State

District Court of Appeal of Florida, First District
Nov 9, 2000
770 So. 2d 1261 (Fla. Dist. Ct. App. 2000)

holding that "Get me an attorney right now" was an unequivocal request for counsel

Summary of this case from Moss v. State

reversing for a new trial when the trial court erroneously denied a motion to suppress based on continued interrogation following the defendant's unequivocal request for counsel

Summary of this case from Brennan v. State
Case details for

Shook v. State

Case Details

Full title:DARRYL W. SHOOK, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Nov 9, 2000

Citations

770 So. 2d 1261 (Fla. Dist. Ct. App. 2000)

Citing Cases

Moss v. State

It is hard to imagine more unequivocal statements. Compare Shook v. State, 770 So.2d 1261 (Fla. 1st DCA 2000)…

Brennan v. State

An attorney may be ineffective for failing to investigate the facts surrounding an offense and for failing to…