Legal Opinion

In the Interest of M. E. G.

District Court of Appeal of Florida

Decided December 13, 1977No. 76-2399PublishedCited by 2 opinions

1Opinion of the Court

DAUKSCH, Judge.

It is improper at trial for comment to be made concerning a defendant’s invoking his right to remain silent after having been advised of his Miranda rights.1 Shannon v. State, 335 So.2d 5 (Fla.1976); Bennett v. State, 316 So.2d 41 (Fla.1975); Paulen v. State, 352 So.2d 1205 (Fla. 4th DCA 1977), opinion issued November 22, 1977; Williams v. State, 335 So.2d 854 (Fla. 4th DCA 1976); Martin v. State, 334 So.2d 841 (Fla. 4th DCA 1976).

It is reversible error incapable of being rendered harmless error by some later statements. Bennett v. State, supra. As Judge Alderman noted in his…

Also in this document: Concurrence.

2Cases cited8 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Bennett v. StateSupreme Court of Florida · 1975
  3. Martin v. StateDistrict Court of Appeal of Florida · 1976
  4. Alford v. StateSupreme Court of Florida · 1977
  5. Adjmi v. StateDistrict Court of Appeal of Florida · 1968

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3Cited by2 opinions

  1. Petion v. StateSupreme Court of Florida · 2010
  2. Coleman v. StateDistrict Court of Appeal of Florida · 2011

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