BLAKLEY
v.
FLORIDA
Mr. Justice White,
with whom Mr, Justice Brennan joins,
dissenting.
I dissent from the denial of certiorari. In Doyle v. Ohio, 426 U. S. 610, 619 (1976), the Court held “that the use for impeachment purposes of petitioners' silence, at the time of arrest and after receiving Miranda warnings, violated the Due Process Clause of the Fourteenth Amendment." The petitioner in this ease was tried and convicted for the crime of sexual battery involving the use of great force. On direct examination in the State’s case in chief a police officer testified that petitioner refused to make a statement after he was arrested and given Miranda warnings. Defense objections to this testimony were overruled by the trial court. On appeal, petitioner’s conviction was affirmed by a divided Florida District Court of Appeal. 362 So. 2d 309 (1978).
I would grant certiorari in this case because the decision of the Florida District Court of Appeal is in conflict with Doyle v. Ohio, supra. Indeed, the conflict with Doyle seems sufficiently clear to me to warrant summary reversal of petitioner’s conviction.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Freddy Duane Blakley, 410 So. 2d 559 (Fla. 4th DCA 1982)…sooner, if any, appellee would have obtained a new trial had he continued to pursue that action. REVERSED. DOWNEY and ANSTEAD, JJ., concur. . Blakley v. State, 362 So. 2d 309 (Fla. 4th DCA 1978), cert. denied, 368 So. 2d 1362 (Fla.), cert. denied, 444 U.S. 904, 100 S.Ct. 218, 62 L.Ed.2d 141 (1979). . State v. Blakley, 388 So. 2d 1106 (Fla. 4th DCA 1980). .A number of the cases are cited in the supreme court’s opinion in Vagner v. Wainwright, 398 So. 2d 448 (Fla.1981). . The court found that the state d…
Authorities Cited
- Doyle v. Ohio, 426 U.S. 610 (U.S. 1976)
- Freddy Duane Blakley v. State, 362 So. 2d 309 (Fla. 4th DCA 1978)