Legal Opinion

Geissler v. State

District Court of Appeal of Florida

Decided June 22, 2012No. 2D10-976PublishedCited by 8 opinions

1Opinion of the Court

WALLACE, Judge.

A jury found Robert Geissler guilty of three counts of capital sexual battery1 and one count of lewd or lascivious molestation.2 On appeal from his judgment and sentences, Mr. Geissler raises five issues; two have merit. We agree with Mr. Geis-sler that the trial court erred in allowing the State to comment on his exercise of the right to remain silent and in allowing the State’s expert witness to vouch for the credibility of the child victim. For these reasons, we reverse the judgment and sentences and remand for a new trial.

I. THE FACTS

Mr. Geissler was fifty-six years old at…

2Cases cited17 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. State v. DiGuilioSupreme Court of Florida · 1986
  4. State v. SmithSupreme Court of Florida · 1990
  5. Frances v. StateSupreme Court of Florida · 2007

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3Cited by8 opinions

  1. Scott v. StateDistrict Court of Appeal of Florida · 2017
  2. Ramayo v. StateDistrict Court of Appeal of Florida · 2014
  3. CORNELIUS BASKIN v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  4. Cavaliere v. StateDistrict Court of Appeal of Florida · 2014
  5. Cavaliere v. StateDistrict Court of Appeal of Florida · 2014

3 more not listed; retrieve them via the Exa API.

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