THOMAS ALBERT PANNIER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
THOMAS ALBERT PANNIER, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
395 So. 2d 289
Florida District Court of Appeal, Third District (1981)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Petitioner, pursuant to Fla.R.App.P. 9.140(g), having taken this appeal from the summary denial of his motion for post-conviction relief under Fla.R.Crim.P. 3.850, and this court having considered the record presented and having further determined that it conclusively appears therefrom that petitioner is entitled to no relief, the denial of his motion is affirmed. See, Pannier v. State, 384 So. 2d 44 (Fla. 3d DCA 1980).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bowen v. State, 404 So. 2d 145 (Fla. 2d DCA 1981)…we are remanding for a new trial, we caution the state to observe the principle elucidated in Clark v. State, 363 So. 2d 331 (Fla.1978), that there be no reference during trial to the defendant’s right to remain silent. See, e. g., Tindall v. State, 395 So. 2d 289 (Fla. 5th DCA 1981); Knight v. State, 374 So. 2d 1065 (Fla. 3d DCA 1979); Davis v. State, 356 So. 2d 1252 (Fla. 4th DCA 1978). Accordingly, we reverse appellant’s conviction and remand this cause for a new trial. BOARDMAN and OTT, JJ., concur.…
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Extra Augustine v. State, 523 So. 2d 691 (Fla. 2d DCA 1988)…uld not respond to the question. Regardless of the appellant’s ability to speak or understand English, however, any testimony concerning a suspect’s silence when detained by law enforcement officers is constitutionally prohibited. Tindall v. State, 395 So. 2d 289 (Fla. 5th DCA 1981). By the time the appellant was allegedly shown the matchbox and asked whether it was his, he was “in custody” because he had become the focus of the deputies’ investigation, he was not free to leave, and after the deputies had vi…
Authorities Cited
- Weekley v. Santa Rosa Cnty., 384 So. 2d 44 (Fla. 1st DCA 1980)
- Pannier v. State, 384 So. 2d 44 (Fla. 3d DCA 1980)