Supreme Court of Florida

Blaine Ross, Appellant v. State of Florida, Appellee — Polston, J., Dissenting

September 8, 201045 So. 3d 403

Summary

Justice Polston dissented, concluding that the trial court's finding that officers did not deliberately delay Miranda warnings was supported by competent substantial evidence. In his view, the nondeliberate-delay rule applied, making Ross's postwarning confession admissible, while any error concerning the prewarning statements was harmless. Chief Justice Quince specially concurred in the majority's result based on her view that the police deliberately used a question-first interrogation technique, and Justice Kennedy concurred in the judgment by explaining the governing distinction between deliberate and nondeliberate two-step interrogations.