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Scottie B. ASH, Appellant, v. STATE of Florida, Appellee. No. 1D07-4853

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District Court of Appeal of Florida, First District. Scottie B. ASH, Appellant, v. STATE of Florida, Appellee. No. 1D07-4853. Dec. 5, 2008. An appeal from the Circuit Court for Bay County. Michael C. Overstreet, Judge. Nancy A. Daniels, Public Defender, and Alice B. Copek, Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee. ALLEN, J. *1 The appellant in this direct criminal appeal challenges his conviction, arguing that the arresting officer’s trial testimony included a constitutionally impermissible comment upon the appellant’s pretrial exercise of his right to remain silent and that the trial court therefore abused its discretion in denying the appellant’s timely motion for a mistrial...continue to full post

Full post as published by Florida Criminal Law Opinions on December 05, 2008 (boomark / email).