CARLOS NIEVES, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Jewel Grier v. State, 934 So. 2d 652 (Fla. 4th DCA 2006)
  …” Id. at 1138. A comment that the defendant declined to have his statement to the police recorded, after the defendant waived his Miranda rights and .made a full statement, is not an impermissible comment on the defendant’s silence. Brack v. State, 919 So. 2d 578, 580 (Fla. 4th DCA 2006); Fernandez v. State, 786 So. 2d 38, 40 (Fla. 3d DCA 2001). Central to the court’s reasoning in Fernandez is the notion that the state should be permitted to head off any argument by the defense that the defendant’s oral stat…
• State v. Brown, 77 So. 3d 693 (Fla. 3d DCA 2011)
  …“[i]t is only reasonable that the State be permitted to elicit the fact that the accused was given the opportunity [to put his statement in writing] and declined.”) (quoting McCoy v. State, 429 So. 2d 1256, 1257 (Fla. 1st DCA 1983)); Brack v. State, 919 So. 2d 578, 580 (Fla. 4th DCA 2006) (“[T]he comment that the defendant declined to have his statement to the police recorded, after the defendant waived his Miranda rights and made a full statement, is not an impermissible comment on the defendant’s silence.”)…

Authorities Cited

• Gethers v. State, 838 So. 2d 504 (Fla. 2003)