Legal Opinion
Robert McGahee v. Raymond D. Massey, Superintendent, Union Correctional Institution
Court of Appeals for the Eleventh Circuit
Decided February 16, 1982No. 80-5910PublishedCited by 42 opinions
1Opinion of the Court
FAY, Circuit Judge:
A confrontation between the defendant’s belatedly asserted fifth amendment right to remain silent and the prosecutor’s ability to present fair comment on the evidence sets the legal stage for this appeal. The State of Florida appeals from the grant of a writ of habeas corpus by the Middle District of Florida on October 15, 1980. Having found the defendant to have waived his fifth amendment right by testifying on the merits of his case and having determined no plain error existed, we reverse.
Robert C. McGahee was convicted of rape on April 26, 1974, by a Brevard County jury…
2Cases cited24 opinions
- Simmons v. United StatesSupreme Court of the United States · 1968
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Williams v. StateSupreme Court of Florida · 1959
19 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Jordan v. StateMississippi Supreme Court · 1985
- United States v. G. Cecil Hartley, Travis Dell and Treasure Isle, Inc.Court of Appeals for the Eleventh Circuit · 1982
- Ian Lightbourne v. Richard L. Dugger, Secretary, Florida Department of Corrections, Robert A. Butterworth, Attorney GeneralCourt of Appeals for the Eleventh Circuit · 1987
- De La Beckwith v. StateMississippi Supreme Court · 1997
- Allen v. United StatesDistrict of Columbia Court of Appeals · 1992
37 more not listed; retrieve them via the Exa API.