1. Home
  2. Browse Decisions
  3. F.2d
  4. 564 F.2d
  5. 564 F.2d 1163 (1977)
 

PINEDA v. STATE OF FLA.

No. 76-3697.

564 F.2d 1163 (1977)

Luis A. PINEDA, Petitioner-Appellant, v. STATE OF FLORIDA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 19, 1977.

Attorney(s) appearing for the Case

Howard J. Hochman, Miami, Fla., for petitioner-appellant.

Robert L. Shevin, Atty. Gen., Sidney M. Pertnoy, Asst. Atty. Gen., Tallahassee, Fla., Anthony Musto, Asst. Atty. Gen., West Palm Beach, Fla., for respondent-appellee.

Before BROWN, Chief Judge, RONEY and FAY, Circuit Judges.

PER CURIAM:

The issue before the Court is whether an unanswered question by the state prosecutor, asking defendant on cross-examination if he had told at the preliminary hearing the same story he was telling at trial, was a comment on defendant's silence in violation of his rights under the Fifth and Fourteenth Amendments. Under the facts of this case, we hold that the prosecutor's question did not amount to a comment on...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases