DERRICK JOHNSON, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Pineda v. State, 805 So. 2d 116 (Fla. 4th DCA 2002)
  …1976). In addition, equal protection concerns are triggered because “compelling the accused to stand trial in jail garb operates usually against only those who cannot post bail prior to trial.” Id. at 505-06, 96 S.Ct. 1691. See also Waters v. State, 779 So. 2d 625 (Fla. 1st DCA 2001)(finding ineffectiveness of counsel claim facially sufficient where trial counsel failed to object to defendant’s appearance in court in prison garb). We have considered, but distinguish, our earlier decision in Demurjian v. Stat…
• Miller v. State, 852 So. 2d 904 (Fla. 4th DCA 2003)
  …eing compelled to stand trial in identifiable prison clothes. See Palmer v. State, 831 So. 2d 725 (Fla. 4th DCA 2002); Pineda v. State, 805 So. 2d 116 (Fla. 4th DCA 2002); see also Cramer v. State, 843 So. 2d 372 (Fla. 2d DCA 2003); Waters v. State, 779 So. 2d 625 (Fla. 1st DCA 2001). These cases require a hearing in this case. To raise the issue of prison garb or restraints on direct appeal, a defendant must object at trial. The holding of Bello v. State, 547 So. 2d 914 (Fla.1989), is that a hearing on the…
• Cramer v. State, 843 So. 2d 372 (Fla. 2d DCA 2003)
  …as possible the jury did not see the shackles and counsel did not want to call the jurors’ attention to them. Cramer’s motion alleged a facially sufficient ground for relief. See Pineda v. State, 805 So. 2d 116 (Fla. 4th DCA 2002); Waters v. State, 779 So. 2d 625 (Fla. 1st DCA 2001). We reverse and remand for an evidentiary hearing or the attachment of portions of the record that conclusively refute Cramer’s claim. Reversed and remanded with directions. WHATLEY and SALCINES, JJ, Concur.…

Authorities Cited

• Smartt v. First Union Nat'l Bank, 771 So. 2d 1232 (Fla. 5th DCA 2000)