ANTHONY L. MANESS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Reversed upon authority of Bennett v. State, 316 So. 2d 41 (Fla.1976); Shannon v. State, 335 So. 2d 5 (Fla.1976); Martin v. State, 334 So. 2d 841 (Fla.4th DCA 1976); Bostic v. State, 332 So. 2d 349 (Fla.4th DCA 1976).
It seems appropriate here to point out that we are currently reviewing numerous cases in which error results from a situation such as the one involved in the present case. The prosecutor (without the necessity of establishing a predicate for the introduction into evidence of any statement of the defendant) asks the arresting officer whether the defendant made any statement after being warned of his constitutional rights and obtains a negative answer from the officer. Of course, the officer’s testimony as to the negative answer invades the Fifth Amendment rights of the defendant. If the state is not seeking to introduce a statement of the defendant into evidence, it is unnecessary to show the defendant was properly warned of his constitutional rights, and the attempt to make such a showing courts reversible error. REVERSED.
MAGER, C. J., and CROSS and DOW-NEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Tsavaris v. Scruggs, 360 So. 2d 745 (Fla. 1977)…la. 4th DCA 1976) Carter v. State, 335 So. 2d 875 (Fla. 4th DCA 1976) Collins v. State, 340 So. 2d 516 (Fla. 4th DCA 1976) Woulard v. State, 340 So. 2d 945 (Fla. 4th DCA 1976) Spann v. State, 340 So. 2d 1215 (Fla. 4th DCA 1977) Maness v. State, 341 So. 2d 246 (Fla. 4th DCA 1977) Webb v. State, 347 So. 2d 1054 (Fla. 4th DCA 1977) Boyd v. State, 351 So. 2d 1041 (Fla. 4th DCA 1976) Pinkney v. State, 351 So. 2d 1047 (Fla. 4th DCA 1977) Paulen v. State, 352 So. 2d 1205 (Fla. 4th DCA 1977) Bostic v. State…
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Sylvester v. State, 341 So. 2d 203 (Fla. 4th DCA 1977)…ate (Fla. 4th DCA, Case No. 75-624, opinion filed November 26, 1976); Williams v. State, 340 So. 2d 1191 (Fla. 4th DCA 1976); Collins v. State, 340 So. 2d 516 (Fla. 4th DCA 1976); Spann v. State, 340 So. 2d 1215 (Fla. 4th DCA 1976); Maness v. State, 341 So. 2d 246 (Fla. 4th DCA 1976). The State concedes that the testimony in question was an improper reference to the defendant’s right to remain silent, but contends that such testimony in this case was not fundamental error. A good argument can be made that th…
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Thomas v. State, 367 So. 2d 260 (Fla. 3d DCA 1979)…d 5 (Fla.1976); Bennett v. State, 316 So. 2d 41 (Fla.1975). We agree, however, that the attempt to make such a showing courts reversible error and may deprive a defendant of his constitutional rights under certain circumstances. Maness v. State, 341 So. 2d 246 (Fla. 4th DCA 1976). We admonish the State to carefully consider the effect of its actions on a defendant’s constitutional rights when it elicits testimony of this nature. We have examined the appellant’s remaining points on appeal and find them t…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shannon v. State, 335 So. 2d 5 (Fla. 1976)
- Bennett v. State, 316 So. 2d 41 (Fla. 1975)
- Martin v. State, 334 So. 2d 841 (Fla. 4th DCA 1976)
- Bostic v. State, 332 So. 2d 349 (Fla. 4th DCA 1976)
- Am. Emp'rs Ins. Co. & Snead Constr. Corp. v. J. H. Atkins & Assocs., Inc., 332 So. 2d 349 (Fla. 4th DCA 1976)