Supreme Court of Florida· 1/18/1991

Jackson v. State

Citations

575 So. 2d 181
1991 WL 6535

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

noting that errors “ancillary to the facts linking [the defendant] to the crime” do not “go to the heart of the state’s case”
noting that “doing so could erroneously lead the jury to believe that the defendant carried the burden of introducing evidence”
reversing where the prosecutor commented as to the defendant’s failure to call a particular witness to testify
“Accordingly, the state cannot comment on a defendant’s failure to produce evidence to refute an element of the crime, because doing so could erroneously lead the jury to believe that the defendant carried the burden of introducing evidence.”
“Enmund and Tison are not satisfied in [a] murder case with multiple defendants and no eyewitnesses where all evidence is circumstantial and the actual killer is not clearly identified[.]”
“[T]he state cannot comment on a defendant’s failure to produce evidence to refute an element of the crime, because doing so could erroneously lead the jury to believe that the defendant carried the burden of introducing evidence.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barkett

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Cited by

140 cases in this archive cite this case; the 20 most cited are listed.

Cites

45 cases in this archive are cited by this case; the 20 most cited are listed.

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