Williams v. Wainwright
| Decision Date | 03 October 1969 |
| Docket Number | No. 27677 Summary Calendar.,27677 Summary Calendar. |
| Citation | 416 F.2d 1042 |
| Parties | Jesse Morgan WILLIAMS, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Correction, State of Florida, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Edward M. Kay, Hollywood, Fla., for petitioner-appellant.
Earl Faircloth, Atty. Gen. of Florida, Tallahassee, Fla., Charles Musgrove, Asst. Atty. Gen., West Palm Beach, Fla., for respondent-appellee.
Before THORNBERRY, MORGAN and CARSWELL, Circuit Judges.
Pursuant to new Rule 18 of the Rules of this court, we have concluded on the merits that this case is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5 Cir., 1969, 409 F.2d 804, Part I.
Petitioner-appellant Jesse Morgan Williams was charged in an Information with one other defendant for the crime of robbery. The matter proceeded to trial by jury, and Williams was found guilty and sentenced to confinement in the Florida State Prison for a term of fifty years. After exhaustion of state remedies, a writ of habeas corpus was filed in the United States District Court, and upon denial of the writ, this appeal was taken.
A summary of the facts is that a masked gunman went into the Coach House Harbor Restaurant in Pompano Beach, Florida, and there robbed the manager and cashier of the restaurant. A bus boy in the establishment happened to see what was occurring and exited to see a white Chevrolet with a man behind the wheel parked outside the building. While the bus boy was observing, the masked gunman ran out of the restaurant in the direction of the white Chevrolet. The bus boy immediately entered the building but again exited in time to see the white automobile drive away. This information was furnished to the police and later, after a pursuit at an accelerated rate of speed, a white Chevrolet was apprehended with the appellant Williams behind the wheel of the auto. The person in the passenger's seat alighted from the Chevrolet, ran into the bushes, and was not captured.
The sole question in error the appellant Williams relies upon is the comments of the State Prosecutor during his closing argument in his alleged reference to Williams' failure to take the stand and testify in his own defense. During the closing argument, the following comment was made to the jury by the Prosecutor.
Later, the Prosecutor commented:
And lastly:
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Moore v. State
...to testify has been strictly regarded as an impingement on the substantial right of the defendant." Id. (quoting Williams v. Wainwright, 416 F.2d 1042 (5th Cir.1969)) (emphasis added) (applying Florida law). Thus, a statement violates Rowley if a jury reasonably could have interpreted it as......
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Smith v. State
...took the comment to be related to his failure to take the stand. A more reasonable test, in our opinion, was stated in Williams v. Wainwright, 416 F.2d 1042 (5th Cir.1969), where the court stated that it is settled in both Federal and Florida law A comment made by the prosecuting attorney, ......
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State v. Jenkins
...v. Lipton, 467 F.2d 1161, 1168 (2nd Cir. 1972); United States v. Williams, 479 F.2d 1138, 1140(3) (4th Cir. 1973); Williams v. Wainwright, 416 F.2d 1042, 1044 (5th Cir. 1969); United States v. Handman, 447 F.2d 853, 855(1, 3, 4) (7th Cir. 1971); United States v. Poole, 379 F.2d 645, 649 (7t......
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Taylor v. State
...has been strictly regarded as an impingement on the substantial right of the defendant." 285 N.E.2d at 648 (quoting Williams v. Wainwright, 416 F.2d 1042, 1043 (5th Cir.1969)) (emphasis added). This test has been modified by Moore which uses the following standard: "The Fifth Amendment priv......