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· 4/7/2006

Martucci v. Yale Mortgage Corp.

Citations

  • 934 So. 2d 535
  • 2006 Fla. App. LEXIS 5367
  • 2006 WL 931693

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • extending Doyle to use of defendant’s silence after receipt of Miranda warnings but prior to arrest
  • “The unfairness of using a defendant’s silence following Miranda warnings is not mitigated by the absence of custody.”
  • custody not prerequisite to Doyle violation where Miranda warnings have been given
  • “The unfairness of using a defendant’s silence following Miranda warnings is not mitigated by the absence of custody. . . . Custody is therefore not a prerequisite to a Doyle violation”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Gersten, Suarez

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.