ELLIS ET VIR

v.

HARADA ET AL.

Citator

Cited By (34 total)

• Lucious Andrews, Jr. v. State, 443 So. 2d 78 (Fla. 1983)
  …r the objection of the defendant is not error. Carlton v. State, 111 Fla. 777, 149 So. 767 (1933); Fogler v. State, 96 Fla. 68, 117 So. 694 (1928); Harvey v. State, 187 So. 2d 59 (Fla. 4th DCA), cert. denied, 194 So. 2d 619 (Fla.1966), cert. denied, 386 U.S. 923, 87 S.Ct. 894, 17 L.Ed.2d 795 (1967). See also Lakeside v. Oregon, 435 U.S. 333, 98 S.Ct. 1091, 55 L.Ed.2d 319 (1978). However, the trial court in the instant case omitted any cautionary instruction to the jury not to draw any inference of guilt fro…
• DeLAINE v. State, 230 So. 2d 168 (Fla. 2d DCA 1970)
  …rawn. The charge merely supplements the ‘presumption of innocence’ charge with particular reference to the failure of the accused to testify.” In the case of Harvey v. State, Fla.App.1966, 187 So. 2d 59, cert. den., Fla., 194 So. 2d 619, cert. den. 386 U.S. 923, 87 S.Ct. 894, 17 L.Ed.2d 795, the trial Court had admonished the jurors that they should not indulge any presumption against the defendants by reason of their failure to take the stand, the 3rd District Court held that— “The admonishment by the tr…
• Lloyd v. State, 218 So. 2d 490 (Fla. 2d DCA 1969)
  …ted. Fogler v. State, 1928, 96 Fla. 68, 117 So. 694; Bridges v. State, Fla.App.1968, 207 So. 2d 48, cert. denied, Fla.1968, 212 So,2d 877; and Harvey v. State, Fla.App. 1966, 187 So. 2d 59, cert. denied, Fla.1967, 194 So. 2d 619, cert, denied, 1967, 386 U.S. 923, 87 S.Ct. 894, 17 L.Ed.2d 795. However, even if it had been error, it was not properly preserved at the trail court. Therefore it would not have been grounds for reversal since it cannot be considered fundamental error. For these reasons the judgmen…