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Florida District Courts of Appeal, 1985

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided April 24, 1985 · Anstead, Glickstein, Walden
467 So. 2d 501; 10 Fla. L. Weekly 1028; 1985 Fla. App. LEXIS 13619 (Southern Reporter, Second Series)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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