ELENA DUNN, GERALDINE BOYETTE, KENNEAL FINCH AND REX FINCH, APPELLANTS,

v.

GAP POND FREEWILL BAPTIST CHURCH AND COMMUNITY CEMETERY, INC., A FLORIDA NOT FOR PROFIT CORPORATION AND DORIS BURNSED, APPELLEES

Citator

Cited By

• Cuervo v. State, 967 So. 2d 155 (Fla. 2007)
  …: In contrast to Owen, Cuervo made two statements that clearly showed he did not wish to speak to the police.... Both officers specifically testified that Cuervo stated he did not want to speak to them; that expression sufficed. See Smith v. State, 915 So. 2d 692 (Fla. 3d DCA 2005) (dismissing State’s contention that defendant’s assertion was ambiguous). Courts have held that admitting statements after such an expression is error, even if improper questioning quickly leads a suspect to change his mind. See D…
• Alvarez v. State, 15 So. 3d 738 (Fla. 4th DCA 2009)
  …guity in his initial waiver. [*745] See, e.g., Cuervo v. State, 967 So. 2d 155, 157, 162-63 (Fla.2007) (“I don’t want to declare anything” in response to an initial request to waive a suspect’s constitutional rights was unambiguous); Smith v. State, 915 So. 2d 692, 693-94, 694 n. 1 (Fla. 3d DCA 2005) (suspect’s statement in no uncertain terms that he had “nothing to say” to law enforcement when asked if he wanted to waive his rights and give his side of the story was unambiguous); Arnold v. Runnels, 421 F. 3d…
• Amato Scott v. State, 151 So. 3d 567 (Fla. 1st DCA 2014)
  …ocation of his right to remain silent.” Id. at 78. See also Pierre v. State, 22 So. 3d 759, 766 (Fla. 4th DCA 2009) (finding defendant’s statement “I’m not saying anymore” was an unequivocal invocation of the right to remain silent); Smith v. State, 915 So. 2d 692, 693 (Fla. 3d DCA 2005) (finding defendant’s statement during interrogation that he had “nothing to say” was an unequivocal invocation of his right to remain silent). Instead of scrupulously honoring the invocation of his right to remain silent, ap…