FLORIDA

v.

BURWICK

Citator

Cited By (35 total)

• Garron v. State, 528 So. 2d 353 (Fla. 1988)
  …hillips answered yes to both questions. The state contends that this procedure was proper to show appellant’s state of mind at the time of the crime in order to rebut the sanity defense. In State v. Burwick, 442 So. 2d 944 (Fla.1983), cert. denied, 466 U.S. 931, 104 S.Ct. 1719, 80 L.Ed.2d 191 (1984), this Court held as inadmissible “evidence of a defendant’s post-arrest conduct, including silence and the request to see an attorney after receiving Miranda warnings, as it relates solely to the issue of menta…
• State v. Hoggins, 718 So. 2d 761 (Fla. 1998)
  …989 (Fla.1983). Unlike prior decisions though, the cases that followed Jenkins and Fletcher clearly were based on state constitutional law rather than federal constitutional law. See State v. Burwick, 442 So. 2d 944, 947 (Fla.1983), cert. denied, 466 U.S. 931, 104 S.Ct. 1719, 80 L.Ed.2d 191 (1984); Hicks, 590 So. 2d at 500; Lee, 422 So. 2d at 930. In Lee, the court rejected the State’s argument that federal constitutional law was dispositive of whether the prosecutor’s comments on the defendant’s postarr…
• Ferry v. State, 507 So. 2d 1373 (Fla. 1987)
  …fied that when attempting to interview Ferry, Ferry refused to discuss the crime with him because Mussenden was not his doctor or his lawyer. Ferry correctly points out that our decision in State v. Burwick, 442 So. 2d 944 (Fla. 1983), cert. denied, 466 U.S. 931, 104 S.Ct. 1719, 80 L.Ed.2d 191 (1984), holds that the state may not introduce evidence of a defendant’s invocation of his right to remain silent in order to rebut a defense of insanity. However, a violation of Burwick is subject to the harmless er…