State v. Webb
Decision Date | 07 December 1977 |
Citation | 354 So.2d 986 |
Parties | State v. Webb NO. 52238 |
Court | Florida Supreme Court |
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State v. Hoggins
... ... On appeal, the court recognized that the Fifth and Fourteenth Amendments to the United States Constitution do not preclude the use of pre-Miranda silence for impeachment purposes; however, the court, relying on Webb v. State, 347 So.2d 1054 (Fla. 4th DCA), cert. denied, 354 So.2d 986 (Fla.1977), held that the prosecutor's improper comments on Hoggins' custodial, pre-Miranda silence violated the due process guarantees found in article I, section 9 of the Florida Constitution. 4 Hoggins, 689 So.2d at 384-86 ... ...
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Allah v. State
... ... See Lee v. State, 422 So.2d 928, 931 (Fla. 3d DCA 1982), rev. denied, 431 So.2d 989 (Fla.1983) (holding that "[a]s a matter of state constitutional law, it is impermissible to comment on a defendant's post-arrest silence whether or not that silence is induced by Miranda warnings." ); Webb v. State, 347 So.2d 1054, 1056 (Fla. 4th DCA), cert. denied, 354 So.2d 986 (Fla.1977) ("If one has a right upon arrest not to speak for fear of self-incrimination, then the mere fact the police call his attention to that right does not elevate it to any higher level." ). Thus, because the ... ...
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Williams v. State, 82-1610
... ... There was substantial, competent evidence of his guilt. See Rose v. State, 425 So.2d 521, 523 (Fla.1983). He next contends there was improper comment upon his right to remain silent. The trial court properly found the matter to be objectionable. See Webb v. State, 347 So.2d 1054, 1056 (Fla. 4th DCA 1977), cert. denied, 354 So.2d 986 (Fla.1977). On remand the problem should not arise again ... ANSTEAD, C.J., and HURLEY, J., concur ... ON MOTION FOR REHEARING ... GLICKSTEIN, Judge ... Appellee has ... ...
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Ivey v. State, 90-3328
... ... Finally, in Florida, the Miranda decision has generally been held to be irrelevant to the resolution of arguments claiming improper comment upon the right to silence. See, e.g., Lee v. State, 422 So.2d 928 (Fla. 3d DCA 1982), review denied, 431 So.2d 989 (Fla.1983); Webb v. State, 347 So.2d 1054 (Fla. 4th DCA), cert. denied, 354 So.2d 986 (Fla.1977). Lee was cited as authority in Smith ... I believe that Smith dictates a determination that the trial court erred in allowing the prosecutor to offer evidence of the non-statements of the appellant ... ...
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