Kearney v. State

How courts have described this case

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

• reversing conviction where State argued it was unable to obtain certain evidence because of defendant’s exercise of his constitutional rights under the Fourth and Fifth Amendments
• reversing conviction based on improper closing in which prosecutor argued that State was prevented from presenting certain evidence at trial because defendant exercised a constitutionally protected right
• “This case illustrates another thing the government cannot do, and that is comment on the defendant’s rights to remain silent and be free from unreasonable searches and seizures.”
• applying the rationale of Gomez

Source: CourtListener parenthetical corpus (CC0).

Cited by

4 cases in this archive cite this case.

• Jennings v. State
  District Court of Appeal of Florida· 2013-09-11· cited 14×
• Bravo v. State
  District Court of Appeal of Florida· 2011-07-26· cited 4×
• FRATCHER v. State
  District Court of Appeal of Florida· 2010-05-26· cited 2×
• SCOTT TREVOR MCROBERTS v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2022-02-16

Cites

9 cases in this archive are cited by this case.

• State v. DiGuilio
  Supreme Court of Florida· 1986-07-17· cited 2,703×
• Goodwin v. State
  Supreme Court of Florida· 1999-12-16· cited 292×
• State v. Marshall
  Supreme Court of Florida· 1985-08-30· cited 78×
• Gomez v. State
  District Court of Appeal of Florida· 1990-12-13· cited 23×
• Varona v. State
  District Court of Appeal of Florida· 1996-05-15· cited 17×
• Broge v. State
  District Court of Appeal of Florida· 1974-01-08· cited 15×
• Hazelwood v. State
  District Court of Appeal of Florida· 1995-08-23· cited 12×
• Anderson v. State
  District Court of Appeal of Florida· 1998-05-27· cited 8×
• Smith v. State
  District Court of Appeal of Florida· 1996-10-23· cited 8×