Blakley v. Florida, No. 78-1749

CourtUnited States Supreme Court
Writing for the CourtWHITE
Citation62 L.Ed.2d 141,444 U.S. 904,100 S.Ct. 218
Decision Date09 October 1979
Docket NumberNo. 78-1749
PartiesFreddy Duane BLAKLEY v. State of FLORIDA

444 U.S. 904
100 S.Ct. 218
62 L.Ed.2d 141
Freddy Duane BLAKLEY

v.

State of FLORIDA

No. 78-1749

Supreme Court of the United States

October 9, 1979

On petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District.

The petition for a writ of certiorari is denied.

Mr. Justice WHITE, with whom Mr. Justice BRENNAN joins, dissenting.

I dissent from the denial of certiorari. In Doyle v. Ohio, 426 U.S. 610, 619, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976), the Court held "that the use for impeachment purposes of petitioners' silence, at the time of arrest and after receiving Miranda warnings violated the Due Process Clause of the Fourteenth Amendment."

Page 905

The petitioner in this case was tried and convicted for the crime of sexual battery involving the use of great force. On direct examination in the State's case in chief a police officer testified that petitioner refused to make a statement after he was arrested and given Miranda warnings. Defense objections to this testimony were overruled by the trial court. On appeal, petitioner's conviction was affirmed by a divided Florida District Court of Appeal. 362 So.2d 309 (1978).

I would grant certiorari in this case because the decision of the Florida District Court of Appeal is in conflict with Doyle v. Ohio, supra. Indeed, the conflict with Doyle seems sufficiently clear to me to warrant summary reversal of petitioner's conviction.

To continue reading

Request your trial
36 practice notes
  • Attorney General of U.S. v. Irish People, Inc., No. 81-1035
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • January 30, 1980
    ...the quashing of the subpoenas could not have been erroneous. 148 596 F.2d 58 (2d Cir.), cert. denied, 444 U.S. 903, 100 S.Ct. 217, 62 L.Ed.2d 141 149 357 U.S. at 203, 78 S.Ct. at 1091. The Court in Reynolds similarly stressed the availability of alternatives to the disclosure sought. 345 U.......
  • FEDOROV v. U.S., No. 88-240
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • December 4, 1991
    ...2 L.Ed.2d 1255 (1958); In re Attorney General of the United States, 596 F.2d 58, 67 (2d Cir.), cert. denied, 444 U.S. 903, 100 S.Ct. 217, 62 L.Ed.2d 141 (1979); see, e.g., United States v. Holmes, 794 F.2d 345, 348 n. 3 (8th Cir. 1986) (trial court reviewed extensive prosecution records in ......
  • Atlantic Richfield Co. v. U.S. Dept. of Energy, No. 82-2472
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • August 19, 1985
    ...774 (1974). Accord, In re Attorney Gen. of the United States, 596 F.2d 58, 61-62 (2d Cir.), cert. denied, 444 U.S. 903, 100 S.Ct. 217, 62 L.Ed.2d 141 (1979); Southern Ry. v. Lanham, 403 F.2d 119, 124 (5th Cir.1968); SEC v. Naftalin, 460 F.2d 471, 475 (8th Cir.1972). We note also that the De......
  • Cronin v. Strayer
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • July 17, 1984
    ...the U.S., 596 F.2d 58 (2d Cir.), cert. denied sub nom. Socialist Workers Party v. Attorney Gen. of the U.S., 444 U.S. 903, 100 S.Ct. 217, 62 L.Ed.2d 141 (1979). In any event, the society is not a governmental agency, and thus there is no confrontation problem. The most common exception aris......
  • Request a trial to view additional results
36 cases
  • Attorney General of U.S. v. Irish People, Inc., No. 81-1035
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • January 30, 1980
    ...the quashing of the subpoenas could not have been erroneous. 148 596 F.2d 58 (2d Cir.), cert. denied, 444 U.S. 903, 100 S.Ct. 217, 62 L.Ed.2d 141 149 357 U.S. at 203, 78 S.Ct. at 1091. The Court in Reynolds similarly stressed the availability of alternatives to the disclosure sought. 345 U.......
  • FEDOROV v. U.S., No. 88-240
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • December 4, 1991
    ...2 L.Ed.2d 1255 (1958); In re Attorney General of the United States, 596 F.2d 58, 67 (2d Cir.), cert. denied, 444 U.S. 903, 100 S.Ct. 217, 62 L.Ed.2d 141 (1979); see, e.g., United States v. Holmes, 794 F.2d 345, 348 n. 3 (8th Cir. 1986) (trial court reviewed extensive prosecution records in ......
  • Atlantic Richfield Co. v. U.S. Dept. of Energy, No. 82-2472
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • August 19, 1985
    ...774 (1974). Accord, In re Attorney Gen. of the United States, 596 F.2d 58, 61-62 (2d Cir.), cert. denied, 444 U.S. 903, 100 S.Ct. 217, 62 L.Ed.2d 141 (1979); Southern Ry. v. Lanham, 403 F.2d 119, 124 (5th Cir.1968); SEC v. Naftalin, 460 F.2d 471, 475 (8th Cir.1972). We note also that the De......
  • Cronin v. Strayer
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • July 17, 1984
    ...the U.S., 596 F.2d 58 (2d Cir.), cert. denied sub nom. Socialist Workers Party v. Attorney Gen. of the U.S., 444 U.S. 903, 100 S.Ct. 217, 62 L.Ed.2d 141 (1979). In any event, the society is not a governmental agency, and thus there is no confrontation problem. The most common exception aris......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT