· 6/15/1998
Phuagnong v. State
Citations
- 714 So. 2d 527
- 23 Fla. L. Weekly Fed. D 1483
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that on review of a motion to suppress, the appellate court is to give deference to a trial court's factual findings, but legal conclusions are reviewed de novo
- determining that by entering into a stipulation that a motion is dispositive, \the state waived its right to argue otherwise on appeal\
- relying on high court decisions in Miller and Ornelas to hold that “[t]he same reasoning supports independent appellate review where the validity of a search has been found to rest ... on consent”
- relying on high court decisions in Miller and Ornelas to hold that “[t]he same reasoning supports independent appellate review where the validity of a search has been found to rest . . . on consent”
- state's stipulation that ruling on suppression motion was dispositive constitutes a waiver of its right to argue otherwise on appeal
- “A positive response to a request to talk does not constitute consent to enter a citizen’s home.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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