Reversed and remanded for a new trial. Under questioning by the state a police officer made an explicit statement that the appellant had refused to give a statement upon his arrest. Such comments are improper in view of an accused's constitutional right to remain silent and the implications from such comments that the accused has a responsibility to speak and assert his innocence. See State v. Thornton,
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GRAHAM v. STATE
No. 89-2376.
573 So.2d 166 (1991)
Willie F. GRAHAM, Appellant, v. STATE of Florida, Appellee.
District Court of Appeal of Florida, Fourth District.https://leagle.com/images/logo.png
January 16, 1991.
January 16, 1991.
Attorney(s) appearing for the Case
Richard L. Jorandby, Public Defender, and Joseph S. Shook, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.
District Court of Appeal of Florida, Fourth District.
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