CHARLES A. FENNER, APPELLANT,

v.

BENJAMIN D. PIERCE, AS EXECUTOR OF THE ESTATE OF ROSA PIERCE, A/K/A MRS. DAVID PIERCE, APPELLEE

Citator

Cited By

• Webb v. State, 347 So. 2d 1054 (Fla. 4th DCA 1977)
  …ere was nothing inconsistent with Webb’s police station silence and his alibi testimony at trial, and we also think the cross-examination as to appellant’s pretrial silence violated the due process clause of the Fourteenth Amendment, Smith v. State, 340 So. 2d 930 (Fla. 4th DCA 1976). For these reasons the judgment and sentence must be reversed for a new trial. Since this case must be tried again, we will treat appellant’s second point on appeal. It will be recalled there were two other persons with Almond…
• Cyril Clinton Wythers v. State, 348 So. 2d 390 (Fla. 3d DCA 1977)
  …ial, where the erroneous admission of damaging evidence may have deprived the defendant of a fair trial, a conviction will be reversed and the cause remanded for a new trial. Paul v. State, 340 So. 2d 1249 (Fla.3d DCA 1976). See also Smith v. State, 340 So. 2d 930 (Fla.4th DCA 1976), and Mackey v. State, 234 So. 2d 418 (Fla.3d DCA 1970). But we note Houston v. State, 337 So. 2d 852 (Fla.lst DCA 1976), in which the court considered the weight of the evidence as to appellant’s guilt, together with the fact that…
• Gifford v. State, 355 So. 2d 436 (Fla. 4th DCA 1978)
  …anding this the prosecutor proceeded to elicit that fact from the appellant repeatedly. This constituted an improper comment on the appellant’s right to remain silent. Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976); Smith v. State, 340 So. 2d 930 (Fla. 4th DCA 1976). It makes no difference that the appellant was shown to have later given a statement. Williams v. State, 335 So. 2d 854 (Fla. 4th DCA 1976). And the Florida Supreme Court has held that such error requires reversal without regard…