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Marston v. State

79 So. 3d 72 (Fla. Dist. Ct. App. 2012)
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Marston v. State

1 Citing case

  1. Marston v. State

    136 So. 3d 563 (Fla. 2014)   Cited 12 times
    Finding harmful error where a prosecutor "commented continuously" on the defendant's Fifth Amendment rights during voir dire, because the "extensive remarks" impermissibly "demeaned [the defendant's] constitutional right to remain silent" and "invited the jury to infer guilt from [the defendant's] decision not to take the stand"

    QUINCE, J. Raymond Marston seeks review of the decision of the Second District Court of Appeal in Marston v. State, 79 So.3d 72 (Fla. 2d DCA 2011), on the ground that it expressly and directly conflicts with the decision of the Fourth District Court of Appeal in Varona v. State, 674 So.2d 823 (Fla. 4th DCA 1996), on a question of law. We have jurisdiction.