MONTGOMERY

v.

MCKENDRICK, WARDEN

Citator

Cited By (31 total)

• Flanagan v. State, 586 So. 2d 1085 (Fla. 1st DCA 1991)
  …lf in treating this error as harmless. I agree that the error below was not harmless for the reasons stated by Judge Ervin. Applying the harmless error test announced in Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705, reh’g denied, 386 U.S. 987, 87 S.Ct. 1283, 18 L.Ed.2d 241 (1967), State v. Lee, 531 So. 2d 133 (Fla.1988), and State v. DiGuilio, 491 So. 2d 1129 (Fla.1986), by subjecting the facts of this case to the extended harmless error analysis described by Justice Souter in Yates v. E…
• Wyatt v. State, 578 So. 2d 811 (Fla. 3d DCA 1991)
  …is not fundamental error.” Clark v. State, 363 So. 2d 331, 333 (Fla.1978), overruled in part on other grounds, State v. DiGuilio, 491 So. 2d 1129 [*814] (Fla.1986);2 cf. Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705, reh’g denied, 386 U.S. 987, 87 S.Ct. 1283, 18 L.Ed.2d 241 (1967); Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976). Therefore, in order to preserve for appellate review an improper comment on the defendant’s right to remain silent, there must be an objection…
• Gardner v. State, 530 So. 2d 404 (Fla. 3d DCA 1988)
  …e identity of the perpetrator was the crucial issue in this case, we cannot hold as a matter of law that these errors were harmless beyond a reasonable doubt. Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967), rehearing denied, 386 U.S. 987, 87 S.Ct. 1283, 18 L.Ed.2d 241 (1967). Accordingly, we are forced to reverse the defendant’s conviction and remand for a new trial. REVERSED and REMANDED.…