9/6/23 Florida Supreme Court Oral Arguments: State of Florida v. Zachary Joseph Penna SC 2022-0458
Penna was on trial for multiple felonies, including murder. Before trial, he filed a motion to suppress the voluntary statements he made to a police officer, arguing that the officer failed to re-read the Miranda warnings before Penna made those statements. The trial court denied the motion, a jury convicted Penna, and he appealed. The Fourth District Court of Appeal reversed the trial court and certified the following question of great public importance to this Court: Whether a defendant’s Fifth Amendment Miranda rights are automatically violated when an officer fails to re-read a Miranda warning following a defendant’s voluntary re-initiation of contact with police.
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