Henderson v. State

During the closing argument in appellant’s trial for battery, the prosecutor made a comment to the effect that no one took the stand to contradict the state’s case. This was an improper comment, implicating the appellant’s Fifth Amendment rights. See Watts v. State, 921 So.2d 722, 724 (Fla. 4th DCA 2006) (where only the officer and the defendant were present during the incident and only the officer testified at trial, the prosecutor’s comment, “Did you hear anybody else testify to dispute the officer’s story?” was an impermissible comment on the defendant’s failure to testify); Smith v.…