Arson, Exploitation of elderly, Evidence, Statements of defendant

Apr 24, 2020

Criminal law, Arson, Exploitation of elderly, Evidence, Statements of defendant, Statement/proffer made in connection with plea negotiations where the defendant exhibited actual subjective expectation to negotiate plea at time of statement/proffer and expectation was reasonable given totality of circumstances, statement/proffer is not admissible into evidence as admission in state’s case-in-chief. Further, where neither proffer agreement nor transcript of proffer agreement meeting includes any mention of protections afforded defendant by section 90.410 and rule 3.172(i), any waiver of those protections by defendant was not knowingly, voluntarily or intelligently made. Motion to suppress is granted.

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