467 So. 2d 501
467 So.2d 501
10 Fla.L.Weekly 1028
District Court of Appeal of Florida
Decided April 24, 1985
District Court of Appeal of Florida · decided 1985-04-24
Cited by 1 later decisions — most recently July 1986
1 state decisions
Key passage — most relied on by later courts
“May the harmless error rule be applied in a case involving an impermissible comment on the defendant’s right to remain silent?”
quoted by 1 later decision, including 491 So. 2d 1140 - State v. Smith
Relies on 384 So. 2d 683 - Roban v. State · 429 So. 2d 1339 - Brazil v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1985-04-24
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¶1We 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?