JAMES HIGH, PETITIONER,

v.

ROBERT BRADLEY AND TRAVELERS INDEMNITY COMPANY, A FOREIGN CORPORATION, RESPONDENTS

Citator

Cited By

• State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
  …16 L.Ed.2d 694 (1966); Michigan v. Mosley, 423 U.S. 96, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975). Thus, comment on a defendant’s invocation of his right to remain silent after he has answered some questions is constitutional error. See Peterson v. State, 405 So. 2d 997 (Fla. 3d DCA 1981); Thompson v. State, 386 So. 2d 264 (Fla. 3d DCA 1980), review denied, 401 So. 2d 1340 (Fla.1981). We agree that the comment here is fairly susceptible of being interpreted by the jury as a comment on silence. State v. Hinchen, 490…
• DiGUILIO v. State, 451 So. 2d 487 (Fla. 5th DCA 1984)
  …e then indicated his desire to talk to his attorney. A defendant should not have his silence or his desire to confer with an attorney used as evidence against him when he has been told, as he must be, that he has those rights. In Peterson v. State, 405 So. 2d 997 (Fla. 3d DCA 1981), a judgment of conviction for attempted burglary was reversed because the arresting officer testified that defendant, after being read his Miranda rights, said that “he would answer some questions, but that he would stop when he d…
• Dereck Cunningham v. State, 404 So. 2d 759 (Fla. 3d DCA 1981)
  …and is not subject to the harmless error rule. Clark v. State, 363 [*760] So. 2d 331 (Fla.1978); Willinsky v. State, 360 So. 2d 760 (Fla.1978); Shannon v. State, 335 So. 2d 5 (Fla.1976); Bennett v. State, 316 So. 2d 41 (Fla.1975); Peterson v. State, 405 So. 2d 997 (Fla. 3d DCA 1981); Watkins v. State, 363 So. 2d 575 (Fla. 3d DCA 1978); Martin v. State, 356 So. 2d 320 (Fla. 3d DCA 1977); Thomas v. State, 342 So. 2d 991 (Fla. 3d DCA 1977), cert. denied, 353 So. 2d 679 (Fla.1977); Smith v. State, 342 So. 2d 990…

Authorities Cited

• Surette v. Galiardo, 323 So. 2d 53 (Fla. 4th DCA 1975)
• The Travelers Indem. Co. v. Fields, 262 So. 2d 222 (Fla. 1st DCA 1972)