State v. Burns

This cause is before us on petition to review the district court’s decision in Burns v. State, 466 So.2d 1207 (Fla. 3d DCA 1985). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

The Third District Court of Appeal reversed respondent’s criminal conviction on the ground that defendant’s fifth amendment right to remain silent had been violated by an impermissible comment on defendant’s post-arrest silence by the arresting officer. The court certified the following question as one of great public importance:

Has the Florida Supreme Court, by its agreement in State v. Murray, 443 So.2d 955…