right is constitutional error (Florida) · Go Syfert
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right is constitutional error in Florida

5 Florida opinions name it 2 courts 2010–2015 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Ventura v. Stategreen
fla · 2010 · cited in 3 Florida opinions naming this issue, 2012–2015
2 sentences

2015Carlisle v. State, 164 So.3d 69 (Fla. 2d DCA 2015); see also Mack v. State, 58 So.3d 354, 355-56 (Fla. 1st DCA 2011); Ash v. State, 995 So.2d 1158, 1158-59 (Fla. 1st DCA 2008); accord Ventura, 29 So.3d at 1089 (“[A]ny comment — direct or indirect — by anyone at trial on this right is constitutional error that should be avoided.”).

2013As we have explained, “commenting on the silence of an accused is not a viable strategy for obtaining convictions, and any comment — direct or indirect — by anyone at trial on this right is constitutional error that should be avoided.” Ventura v. State, 29 So.3d 1086, 1088-89 (Fla.2010) (original emphasis).

23
State v. DiGuiliogreen
fla · 1986 · cited in 2 Florida opinions naming this issue, 2010–2012
2 sentences

2012See DiGuilio, 491 So.2d at 1136, 1139 .

2010See DiGuilio, 491 So.2d at 1136, 1139 .

22
Mack v. Stategreen
fladistctapp · 2011 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015Carlisle v. State, 164 So.3d 69 (Fla. 2d DCA 2015); see also Mack v. State, 58 So.3d 354, 355-56 (Fla. 1st DCA 2011); Ash v. State, 995 So.2d 1158, 1158-59 (Fla. 1st DCA 2008); accord Ventura, 29 So.3d at 1089 (“[A]ny comment — direct or indirect — by anyone at trial on this right is constitutional error that should be avoided.”).

11
Ash v. Stategreen
fladistctapp · 2008 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015Carlisle v. State, 164 So.3d 69 (Fla. 2d DCA 2015); see also Mack v. State, 58 So.3d 354, 355-56 (Fla. 1st DCA 2011); Ash v. State, 995 So.2d 1158, 1158-59 (Fla. 1st DCA 2008); accord Ventura, 29 So.3d at 1089 (“[A]ny comment — direct or indirect — by anyone at trial on this right is constitutional error that should be avoided.”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Carlisle v. State green
fladistctapp · 2015
1 sentence

2015Carlisle v. State, 164 So.3d 69 (Fla. 2d DCA 2015); see also Mack v. State, 58 So.3d 354, 355-56 (Fla. 1st DCA 2011); Ash v. State, 995 So.2d 1158, 1158-59 (Fla. 1st DCA 2008); accord Ventura, 29 So.3d at 1089 (“[A]ny comment — direct or indirect — by anyone at trial on this right is constitutional error that should be avoided.”).

12015–2015

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