Fla. Stat, (1981) - Florida State University College of Law

X
XI
THE TRIAL COURT ERI;LED IN P1"5RMITI'ING THE PmECUITON To
QuEsTION DEFENSE WIBS RICHARD ELI.WW ABOUT SPECIFIC
PFXOR CCPJVICTIONS AND QXTCNG THE WITNESS TO CLAIM HIS
FIFTH PRI-, IN VIOIATION OF ?HE
DEFE"T'S RIGHT To DUE PROCESS AND A FAIR TRIAL, AS
GUWPNEED BY 'ME FLFTH, SIXTH AND FOLIREEWH
aMhaxlIENTS TO THE U.S. CONSTITUTION AND W ICLE I,
SEKTIONS 9 AND 16 OF THE FiDUDA mNSTITU!I'ION. 59
XI1
'IHE TRIAG Couwr F,R€ED IN PERMITI'ING TlE PF!BMIUTOR
"0 ELICIT FRaM DEFENSE WITNESS KCCHARD EUWaD THAT
?HE DEFENDNW REMATNED SILENT AND DID NOT DISmS
HIS CASE WH1I.E IN JAIL AWAITING m, IN VIOLATIQA
OF QiE PI=, SIXTH, AND F D m
AMENl%ENTS TO THE
US. CONSTITUTION AND ARTICLE! I, SECTIONS 9 AND 16 OF
rn FLORIDA CceJsTITUTIoN.
TRS& atRT FJ?RF,D IN PEEIEJIITTX PWECUTOR To
CROSS-EXAMINE THE DEFE"T, OVER OBJECTICPJ, ABOUT THE
NUMBER OF TOES I3E HAD CONSULTED WITH DEE'ESE CoUrJsEL,
AND ABOUT THE FACT THp3: HE HAD CONSULW WITH DEFENSE
COUNSEL DURING A FECES IN ~S-E3IAMLNA'ITON, IN VIOLATION
QF THE FIFTH, SIx?H, AND lQuREENTH To U.S.
CONSTITUTION AND ARTICLE I, SmcpS; 9 AND 16 OF ?HE
FWRIIX CWTITU!EON. 61
THE COURT EDRED IN DENYING ?HF, D n ' S MDl?IcRJ
TO SUPPRESS STATEPEWIS, AaMLSSIONS, AND ~ S I O N AND S
IN PERMITTING THE STATE: TO USE THOSE STATEMENTS I" ITS
CASE IN MIEF, IN VIOLATION OF THE FIFIH, SIXTH, AND
FOLRXENTH N E " F S To THE U,S CONSTITUTION AND
ARTICLF, I, SECTION 9 AND 16 OF THE CONSTITUTTON OF THE
smm OF FzoRIIxl. 63
60