Smith v. State

Florida District Courts of Appeal
Smith v. State, 467 So. 2d 501 (1985)
10 Fla. L. Weekly 1028; 1985 Fla. App. LEXIS 13619
Anstead, Glickstein, Walden

Smith v. State

Opinion of the Court

PER CURIAM.

We reverse and remand for a new trial on the authority of Brazil v. State, 429 So.2d 1339 (Fla. 4th DCA 1983) and Roban v. State, 384 So.2d 683 (Fla. 4th DCA 1980). We again certify the following question as one of great public importance to the Florida Supreme Court:

May the harmless error rule be applied in a case involving an impermissible comment on the defendant’s right to remain silent?
ANSTEAD, C.J., and GLICKSTEIN and WALDEN, JJ., concur.

Reference

Full Case Name
James L. SMITH v. STATE of Florida
Cited By
1 case
Status
Published