Legal Opinion

Rosa v. State

District Court of Appeal of Florida

Decided July 16, 1997No. 96-3011PublishedCited by 4 opinions

1Opinion of the Court

COPE, Judge.

Defendant Miguel Rosa appeals his conviction for trespass and resisting arrest, claiming improper comment by the court and prosecutor during voir dire of the jury panel. We affirm.

At the start of jury selection, the court gave introductory remarks to the prospective jurors, including the following:

[W]hen you are charged with a crime in our Country, as you know, you are presumed to be innocent. We already talked about that, but you are presumed to be innocent. You don’t have to prove your innocence because you come in here with that presumption. Mr. Rosa does not have to testify.…

2Cases cited6 opinions

  1. Lakeside v. OregonSupreme Court of the United States · 1978
  2. Varona v. StateDistrict Court of Appeal of Florida · 1996
  3. Andrews v. StateSupreme Court of Florida · 1983
  4. Harrell v. StateDistrict Court of Appeal of Florida · 1994
  5. Wilson v. StateDistrict Court of Appeal of Florida · 1974

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Grieve v. StateDistrict Court of Appeal of Florida · 1999
  2. Christopher Owens v. State of FloridaDistrict Court of Appeal of Florida · 2026
  3. Glenn Hanes v. State of FloridaDistrict Court of Appeal of Florida · 2026
  4. Smith v. Secretary, Department of Corrections (Pinellas County)District Court, M.D. Florida · 2022

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