MICHELLE GREEN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
MICHELLE GREEN, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
436 So. 2d 434
Florida District Court of Appeal, Third District (1983)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The defendant appeals her conviction for attempted robbery and burglary alleging that the trial court erroneously overruled her objection and denied her motion for a mistrial when the prosecutor made the following statement during closing argument:
But strange enough, her testimony, when she was arrested by police, when she was arrested, when she was detained by the police, there was never any mention of that entire sequence.
This comment directly called to the jury’s attention the defendant’s post-arrest silence, Lee v. State, 422 So. 2d 928 (Fla. 3d DCA 1982), and accordingly we reverse and remand for a new trial.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Roberts v. State, 443 So. 2d 192 (Fla. 3d DCA 1983)…made as it was prior to the presentation of evidence, related to the defendant’s “impending failure to take the stand” rather than “his completed election not to become a witness.” State v. Turner, 433 A. 2d 397, 401 (Me.1981). See Fussell v. State, 436 So. 2d 434, 435 (Fla. 3d DCA 1983) (prosecutor’s question during voir [*193] dire, “Does it bother you that ... it is going to be [the victim’s] word against his word?” held comment on defendant’s failure to testify); Ramos v. State, 418 So. 2d 1302, 1303 (Fla…
Authorities Cited
- Ulysses LEE v. State, 422 So. 2d 928 (Fla. 3d DCA 1982)