PINEIRO

v.

UNITED STATES

Citator

Cited By (32 total)

• Lucious Andrews, Jr. v. State, 443 So. 2d 78 (Fla. 1983)
  …s decision not to testify is reversible error. Lakeside v. Oregon, 435 U.S. 333, 98 S.Ct. 1091, 55 L.Ed.2d 319 (1978). “To be constitutionally proscribed, a comment must be adverse.” State v. Mata, 125 Ariz. 233, 238, 609 P. 2d 48, 53, cert. denied, 449 U.S. 938, 101 S.Ct. 338, 66 L.Ed.2d 161 (1980). An adverse comment is one which allows the jury to draw adverse inferences from a defendant’s decision not to testify and thereby puts pressure on him to personally respond to the charges. See Lakeside v. Ore…
• State v. Doyle, 409 So. 2d 1168 (Fla. 3d DCA 1982)
  …d States v. Serrano, 607 F. 2d 1145, 1147-48 (5th Cir. 1979), cert. denied, 445 U.S. 965, 100 S.Ct. 1655, 64 L.Ed.2d 241 (1980), unless the vessel was initially seen in Customs waters, United States v. Alfrey, 620 F. 2d 551 (5th Cir.), cert. denied, 449 U.S. 938, 101 S.Ct. 337, 66 L.Ed.2d 160 (1980). . The Officer testified that these innocuous activities fit his “own personal profile” for illegal activity. Such a self-fulfilling prophecy is nothing more or less than a hunch which is hardly sufficient for…
• United States v. Cruz-Valdez, 773 F.2d 1541 (11th Cir. 1985)
  …ases in this circuit have established some guidelines for evaluating the sufficiency of the evidence in cases reflecting the fact pattern before us. Those most frequently relied on are United States v. Alfrey, 620 F. 2d 551 (5th Cir.), cert. denied, 449 U.S. 938, 101 S.Ct. 337, 66 L.Ed.2d 160 (1980); and United States v DeWeese, 632 F. 2d 1267 (5th Cir.1980), cert. denied, 454 U.S. 878, 102 S.Ct. 358, 70 L.Ed.2d 188 (1981). In considering one appellant’s “mere presence” argument the Alfrey panel recognized…