SHULTZ

v.

DEPARTMENT OF THE ARMY

Citator

Cited By

• Walker v. State, 771 So. 2d 573 (Fla. 1st DCA 2000)
  …or inculpatory statement1 is presumptively correct and, on appeal, evidence and reasonable inferences should be interpreted in a manner most favorable to sustaining the ruling. See Escobar v. State, 699 So. 2d 988, 993-994 (Fla.1997), cert. denied, 523 U.S. 1072, 118 S.Ct. 1512, 140 L.Ed.2d 666 (1998). However, if the trial court misapplies the law to the facts, reversal is required. See State v. Pye, 551 So. 2d 1237, 1239 (Fla. 1st DCA 1989). For a confession or inculpatory statement to be voluntary, the…
• Cedrick Green v. State, 878 So. 2d 382 (Fla. 1st DCA 2004)
  …suppress comes to this court clothed with the presumption of correctness and the reasonable inferences should be interpreted in a manner most favorable to sustaining the ruling. See Escobar v. State, 699 So. 2d 988, 993-94 (Fla.1997), cert. denied, 523 U.S. 1072, 118 S.Ct. 1512, 140 L.Ed.2d 666 (1998). The trial court’s ruling should not be disturbed unless it is clearly erroneous. Davis v. State, 594 So. 2d 264, 266 (Fla.1992). The test of voluntariness of a confession is whether, examining the totality o…
• Grasle v. State, 779 So. 2d 334 (Fla. 2d DCA 2000)
  …conclusions. Discussion A trial court’s ruling concerning the voluntariness of a confession is presumptively correct and should not be disturbed unless it is clearly erroneous. See Escobar v. State, 699 So. 2d 988, 993-94 (Fla.1997), cert. denied, 523 U.S. 1072, 118 S.Ct. 1512, 140 L.Ed.2d 666, 66 U.S.L.W. 3686 (U.S.Fla. Apr.20, 1998); Davis v. State, 594 So. 2d 264, 266 (Fla.1992). When, as here, a defendant challenges the voluntariness of his or her confession, the burden is on the State to establish by…