Supreme Court of Florida

Blaine Ross, Appellant v. State of Florida, Appellee — Kennedy, J., Concurring

September 8, 201045 So. 3d 403

Summary

Justice Kennedy, concurring in the judgment, would apply the voluntariness standard governing a warned statement following an unwarned statement because the trial court found that the officers did not deliberately withhold Miranda warnings. He concluded that the carefully administered warnings, written waiver, and subsequent agreement to speak rendered Ross's postwarning confession voluntary and admissible. POLSTON, J., dissenting, would reach the same result by deferring to the trial court's factual finding, while QUINCE, C.J., specially concurring, agreed with the majority that the interrogation employed a deliberate question-first strategy.