BRUCE LINCOLN MESSIER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BRUCE LINCOLN MESSIER, APPELLANT,
STATE OF FLORIDA, APPELLEE
442 So. 2d 331
Florida District Court of Appeal, Fourth District (1983)
Caution
Cited by 10 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Wessling v. Bennett, 410 F. 2d 205 (8th Cir.1969); Thomas v. State, 421 So. 2d 160 (Fla.1982); Scott v. State, 423 So. 2d 978 (Fla. 1st DCA 1982); and Wedenfeller v. State, 355 So. 2d 193 (Fla. 1st DCA 1978).
ANSTEAD, C.J., and LETTS and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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State v. Sercey, 825 So. 2d 959 (Fla. 1st DCA 2002)…o. 2d 420 (Fla.1988). See also State v. Katiba, 502 So. 2d 1274 (Fla. 5th DCA 1987). And see State v. Brigham, 694 So. 2d 793 (Fla. 2d DCA 1997); State v. Tagner, 673 So. 2d 57 (Fla. 4th DCA), rev. denied, 677 So. 2d 841 (Fla.1996); State v. Pagach, 442 So. 2d 331 (Fla. 2d DCA 1983); State v. Snell, 391 So. 2d 299 (Fla. 5th DCA 1980). But see State v. Barber, 783 So. 2d 293 (Fla. 5th DCA 2001), rev. granted, 800 So. 2d 612 (Fla.2001); State v. Sandt, 751 So. 2d 136 (Fla. 2d DCA 2000), approved in part, quashe…
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Pathos Lampkin, Sr. v. State, 445 So. 2d 673 (Fla. 4th DCA 1984)…admissibility of the refusal in South Dakota v. Neville, 459 U.S. -, 103 S.Ct. 916, 74 L.Ed.2d 748 (1983). Relying on Neville, the Second District Court of Appeal held section 316.-1932(l)(a), Florida Statutes, to be constitutional. State v. Pagach, 442 So. 2d 331 (Fla. 2d DCA 1983). We agree with the holding of the Second District. Regarding the other points raised by the appellant, we find no error in the [*675] trial court’s admission of a certified copy of appellant’s prior conviction, see Parker v. Sta…
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State v. Talty, 692 So. 2d 936 (Fla. 4th DCA 1997)…ing that the right to refuse was not a fundamental right but one of legislative grace, the use of the evidence of refusal comported with fundamental fairness required by due process. Our courts have agreed with the Supreme Court. In State v. Pagach, 442 So. 2d 331 (Fla. 2d DCA 1983), the court adopted Neville and also declined to apply Article I, section 9 of the Florida Constitution in a manner which would render [*938] such evidence inadmissible based upon the failure to advise that the refusal could be use…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Thomas v. State, 421 So. 2d 160 (Fla. 1982)
- Wessling v. Bennett, 410 F.2d 205 (8th Cir. 1969)
- Kovschak v. State, 355 So. 2d 193 (Fla. 1st DCA 1978)
- Wedenfeller v. State, 355 So. 2d 193 (Fla. 1st DCA 1978)
- Scott v. State, 423 So. 2d 978 (Fla. 1st DCA 1982)
- McDONALD'S & G.A.B. Bus. Servs., Inc. v. Weiler, 423 So. 2d 978 (Fla. 1st DCA 1982)