MICHAEL DAVID HALL, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• State v. Braden, 375 So. 2d 49 (Fla. 2d DCA 1979)
  …e nolle prosse. As a general proposition, everything which occurs in a proceeding subsequent to the filing of a nolle prosse by the state is a nullity. See Childers v. State, 277 So. 2d 594, 596 (Fla. 4th DCA) (Cross, J., concurring), cert. denied, 285 So. 2d 23 (1973); 22A C.J.S. Criminal Law § 456 at 2 (1961). Accordingly, the dismissal with prejudice of the first information was a nullity, from which the state was not required to appeal. Given that the dismissal was a nullity, it was within the authority…
• Smith v. State, 344 So. 2d 915 (Fla. 1st DCA 1977)
  …it amounts to a comment upon appellant’s failure to take the witness stand. Such comment is ground for reversal and cannot be held to be harmless error. (Trafficante v. State, supra; Childers v. State, 277 So. 2d 594 (Fla. 4th DCA 1973), cert. den., 285 So. 2d 23 (Fla.1973).) According to appellant, certain of the trial court’s instructions were misleading. In its instructions on insanity, the trial court stated that unrestrained passion or ungovernable temper was not insanity and was no excuse for the comm…
• Williams v. State, 400 So. 2d 471 (Fla. 5th DCA 1981)
  …lties. As support for his position that the paramedic’s testimony as to appellant’s silence was reversible error, appellant relies on David v. State, 369 So. 2d 943 (Fla.1979) and Childers v. State, 277 So. 2d 594 (Fla. 4th DCA 1973), cert. denied, 285 So. 2d 23 (1973). These cases however do not involve the point of law addressed here, because they involved comment by the prosecutor in closing argument on defendant’s failure to testify. Appellant also relies on Knight v. State, 374 So. 2d 1065 (Fla. 3d DCA…