HESTER ET AL.

v.

WYCHE

Citator

Cited By (78 total)

• Lovette v. State, 636 So. 2d 1304 (Fla. 1994)
  …ent privilege. Lovette now argues that the trial court erred in allowing Berland to testify. We agree that allowing Berland to testify violated Lovette’s right not to incriminate himself. In Parkin v. State, 238 So. 2d 817 (Fla.1970), cert. denied, 401 U.S. 974, 91 S.Ct. 1189, 28 L.Ed.2d 322 (1971), this Court considered whether a defendant can be compelled to submit to psychiatric examinations when an insanity defense is offered. The Court held that such examinations could be compelled, but also stated th…
• Tura Yohn v. State, 476 So. 2d 123 (Fla. 1985)
  …the prosecution as any other element of the offense, beyond a reasonable doubt. Id. at 948 (quoting Jones v. State, 332 So. 2d 615 (Fla.1976), Sundberg, J., specially concurring). See also, Parkin v. State, 238 So. 2d 817 (Fla.1970), cert. denied, 401 U.S. 974, 91 S.Ct. 1189, 28 L.Ed.2d 322 (1971). It is clear then that Florida law differs from federal law on this point because in the federal courts the trial judge determines as a matter of law when insanity is in issue. See, e.g., United States v. Jackso…
• Erickson v. State, 565 So. 2d 328 (Fla. 4th DCA 1990)
  …crime that he may have elicited from the defendant in the course of the examination, unless the defendant first opens the door to such inquiry by his own presentation of evidence. See Parkin v. State, 238 So. 2d 817, 820-22 (Fla.1970), cert. denied, 401 U.S. 974, 91 S.Ct. 1189, 28 L.Ed.2d 322 (1971); McMunn v. State, 264 So. 2d 868, 870 (Fla. 1st DCA 1972). See also Estelle v. Smith, 451 U.S. 454, 101 S.Ct. 1866, 68 L.Ed.2d 359 (1981); Fla.R. Crim. P. 3.211(e). Thus, the defendant’s Fifth Amendment rights a…