Johnson v. State

District Court of Appeal of Florida

Decided June 24, 1987

District Court of Appeal of Florida · decided 1987-06-24

Cited by 1 later decisions — most recently March 2001

1 state decisions

Key passage — most relied on by later courts

“only as to matters relevant to issues raised by [the witness's] testimony on direct examination.”

quoted by 1 later decision, including 780 So. 2d 1006 - Jenkins v. Wessel

Relies on Greene v. Massey · 343 So. 2d 13 - State v. Heath

Good law ✅— No negative treatment on recordhow we know

Decided 1987-06-24

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PER CURIAM.

¶1We reverse and remand, holding that the fifth amendment privilege against self-incrimination is applicable in a probation revocation hearing as to specific conduct and circumstances concerning criminal offenses, State v. Heath, 343 So.2d 13 (Fla.), cert. denied, 434 U.S. 893, 98 S.Ct. 269, 54 L.Ed.2d 179 (1977); and that where the accused testifies, he shall be considered to have waived the privilege only as to matters relevant to issues raised by his testimony on direct examination.

¶2REVERSED and REMANDED for NEW HEARING.

HERSEY, C.J., and DOWNEY and LETTS, JJ., concur.