(Download) "Walter Grant Kyser v. State Florida" by Supreme Court of Florida # Book PDF Kindle ePub Free
eBook details
- Title: Walter Grant Kyser v. State Florida
- Author : Supreme Court of Florida
- Release Date : January 27, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Walter Grant Kyser appeals his conviction for first-degree murder and sentence of death imposed by the trial judge in accordance
with the jury's recommendation. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. Kyser raises nine issues in this appeal,
arguing, inter alia, that the trial court erroneously admitted his statements obtained during custodial interrogations after
he had requested counsel. We find this issue dispositive and hold that the United States Supreme Court decisions in Smith
v. Illinois, 469 U.S. 91, 105 S. Ct. 490, 83 L. Ed. 2d 488 (1984), Edwards v. Arizona, 452 U.S. 973 (1981), Rhode Island v.
Innis, 446 U.S. 291, 100 S. Ct. 1682, 64 L. Ed. 2d 297 (1980), and Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L.
Ed. 2d 694 (1966), require us to vacate Kyser's conviction and sentence and remand this cause for a new trial. Kyser was convicted of the first-degree shooting murder of a deputy sheriff who was working off duty as a security guard
at a Panama City apartment complex in Bay County, Florida. Following Kyser's arrest in the parking lot of a restaurant in
Columbus, Georgia, he was read his Miranda rights in the patrol car before he was transported to the police station. When
asked at that time for identification, Kyser gave the officers an alias. Kyser was interrogated by officials from Columbus
and Bay County, Florida, during his detention at the Columbus police station. While one of the assigned Columbus officers,
Detective Boren, was investigating Kyser's identity, Detective Miller of the Bay County sheriff's office began Kyser's questioning.
He readvised Kyser of his Miranda rights and asked if he wanted to discuss the Panama City shooting. Kyser stated that he
was scared and, when Miller asked why, Kyser responded, "[T]hat guy was a deputy sheriff, wasn't he?" Miller replied in the
affirmative. Kyser also said, "Can we talk about something else, I think I want to talk to a lawyer before I talk about that
and I hope you understand that." Miller conducted no further discussion concerning the Panama City shooting. Miller left the
interview room and Detective Boren of the Columbus Police Department entered without speaking to Miller. Boren proceeded to
question Kyser about the shooting for several hours. Miller had reentered the room at a later time and was present during
a major portion of this interrogation. Hours later, Kyser advised Boren that another individual was involved and he wanted
to speak with his wife before disclosing further information. Boren allowed Kyser to make the telephone call, during which
Kyser's wife spoke to Boren and volunteered the name of the individual. Kyser then related a version of the shooting which
had him present at the scene but implicated a third person as the triggerman.