NEALY

v.

JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION

Citator

Cited By

• Robbins v. State, 891 So. 2d 1102 (Fla. 5th DCA 2004)
  …] acting in self-defense violated the defendant’s constitutional right to silence). Impermissible comments on a defendant’s right to remain silent are subject to the harmless error analysis. Jones v. State, 748 So. 2d 1012 (Fla.1999), cert. denied, 530 U.S. 1232, 120 S.Ct. 2666, 147 L.Ed.2d 279 (2000); Walker v. State, 701 So. 2d 1258, 1261 (Fla. 5th DCA 1997) (citing State v. Marshall, 476 So. 2d 150 (Fla.1985); State v. DiGiulio, 491 So. 2d 1129 (Fla.1986), review denied, 717 So. 2d 542, and cert. denied,…
• Conner v. State, 910 So. 2d 313 (Fla. 5th DCA 2005)
  …error.”); Jones v. State, 748 So. 2d 1012, 1022 (Fla.1999) (holding improper comment on defendant’s right to remain silent was harmless error because the evidence was overwhelming and “the remark was neither repeated nor emphasized”), cert. denied, 530 U.S. 1232, 120 S.Ct. 2666, 147 L.Ed.2d 279 (2000). Moreover, shortly after the improper remark was made, the State concluded its rebuttal argument and the trial court immediately presented the jury instructions. The first instruction read to the jurors instr…
• Dixon v. State, 816 So. 2d 172 (Fla. 4th DCA 2002)
  …ssumed will weaken the suspect’s will.” Christmas v. State, 632 So. 2d 1368, 1370 (Fla.1994) (citing Illinois v. Perkins, 496 U.S. 292, 297, 110 S.Ct. 2394, 110 L.Ed.2d 243 (1990).) See also Jones v. State, 748 So. 2d 1012 (Fla.2000), cert. denied, 530 U.S. 1232, 120 S.Ct. 2666, 147 L.Ed.2d 279 (2000). However, when there is no custodial “interrogation,” Miranda is not implicated. Once a suspect has requested the help of a lawyer, no state agent can reinitiate interrogation on any offense throughout the pe…