ZAKUTANSKY ET AL.

v.

UNITED STATES ET AL.

Citator

Cited By (69 total)

• State v. Kinchen, 490 So. 2d 21 (Fla. 1985)
  …was ‘of such a character that the jury would naturally and necessarily take it to be a comment on the failure of the accused to testify.’ ” Bolton, 383 So. 2d at 928, quoting Samuels v. United States, 398 F. 2d 964, 968 (5th Cir.1968), cert. denied, 393 U.S. 1021, 89 S.Ct. 630, 21 L.Ed.2d 566 (1969); Gains, 417 So. 2d at 724. Although both Bolton and Gains rely on a 1968 case, the Samuels test is still in use. United States v. Fuentes-Coba, 738 F. 2d 1191 (11th Cir.1984), cert. denied, — U.S. -, 105 S.Ct. 11…
• State v. Bolton, 383 So. 2d 924 (Fla. 2d DCA 1980)
  …ether the remark was manifestly intended or was “of such a character that the jury would naturally and necessarily take it to be a comment on the failure of the accused to testify.” Samuels v. United States, 398 F. 2d 964 (5th Cir. 1968), cert. den. 393 U.S. 1021, 89 S.Ct. 630, 21 L.Ed.2d 566 (1969). The remark here made does not meet that test. The record reveals that when he was interrupted, the prosecutor was attempting to say that the defendant did not have to take the stand in order to rebut the presum…
• City Comm'n OF the City OF Miami v. Woodlawn Park Cemetery Co., 553 So. 2d 1227 (Fla. 3d DCA 1989)
  …with the use of the appellant’s property that the exercise of the police power cannot be upheld.” Id. at 125, 125-26. Similarly, in Kugel v. City of Miami Beach, 206 So. 2d 282 (Fla. 3d DCA), cert. denied, 212 So. 2d 877 (Fla.1968), cert. denied, 393 U.S. 1021, 89 S.Ct. 629, 21 L.Ed.2d 565 (1969), the appellant owned a lot at the corner of 17th Street and Meridian Avenue in Miami Beach. In 1952, the property was zoned residential for multifamily residences at a time when “the 17th Street neighborhood was…

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