Legal Opinion

State v. Rogers

District Court of Appeal of Florida

Decided May 9, 2007No. 4D07-426PublishedCited by 1 opinion

1Opinion of the CourtKlein, J.

Respondent, who is charged with second degree murder for the stabbing death of his roommate, has raised the defense of insanity. A mental health expert privately retained by respondent concluded that he was insane. On respondent’s motion in limine, the trial court ruled that the state could not elicit testimony from this expert as to what the respondent told the expert about the offense, because it would violate his Fifth Amendment privilege against self-incrimination. The state seeks certio-rari review, and we grant the petition.

The trial court’s ruling was apparently based on Parkin v.…

2Cases cited3 opinions

  1. State v. PettisSupreme Court of Florida · 1988
  2. Parkin v. StateSupreme Court of Florida · 1970
  3. Yohn v. StateSupreme Court of Florida · 1985

3Cited by1 opinion

  1. Joseph v. StateDistrict Court of Appeal of Florida · 2011

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