Florida’s 4th DCA Holds That Suspect in Barricaded Residence is Not in Custody for Purposes of Miranda, and Happy Anniversary, Gideon v. Wainwright!

by appealattorneylaw

If you’re a criminal defense or criminal appeals lawyer who loves constitutional issues, you may want to take a minute to read through an opinion issued by Florida’s 4th DCA recently.  In Erin Atac v. State, No. 4D10-3024, the Court followed the decisions of other States, and held that Atac was not in custody for purposes of  Miranda v. Arizona, 384 U.S. 436 (1966), when he made incriminating statements to police during a barricaded standoff.  His conviction for manslaughter was affirmed.

In other news, it’s the 50th anniversary of the monumental decision Gideon v. Wainwright.  For an interesting report containing some cool background information, as well as an entire website dedicated to preserving the legacy of the Gideon decision, click here and here.  Enjoy!