Haliburton v. State

Summary

The Supreme Court of Florida held that police interference with an attorney's efforts to contact and meet with the defendant violated the due process provision of article I, section 9, of the Florida Constitution. The court concluded that the failure to suppress the resulting statements was reversible error, reversed the convictions, and remanded for a new trial.

Holdings

1. Police conduct that concealed from Haliburton the material fact that an attorney retained on his behalf was communicating with police, present at the station, and requesting access violated article I, section 9 of the Florida Constitution.
2. A defense continuance constitutes a specific waiver of, or estoppel precluding reliance on, the speedy-trial rule as to all charges arising from a single criminal episode.
3. The failure to suppress Haliburton's statements obtained in violation of Florida due process was reversible error, requiring reversal and remand for a new trial rather than discharge.

Questions Presented

1. Whether police concealment of an attorney's communication, presence, and request for access to a suspect violated the due process provision of article I, section 9 of the Florida Constitution and required suppression of the suspect's statements.
2. Whether Haliburton's waiver of speedy trial after the grand jury refused to indict him for murder applied only to the burglary charge or to all charges arising from the same criminal episode.
3. Whether Haliburton was entitled to discharge rather than a new trial.

Disposition

reversed_and_remanded