[Download] "Julian F. Sarmiento v. State Florida" by Third District Court of Appeal of Florida # eBook PDF Kindle ePub Free
eBook details
- Title: Julian F. Sarmiento v. State Florida
- Author : Third District Court of Appeal of Florida
- Release Date : January 17, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
During a police interview of the defendant shortly after his arrest on a charge of first-degree murder, he was asked if he would submit to a "hand swab test for gunshot residue." The defendant was not told that he was required by law to take this test or that his refusal to do so could be used against him in some way. When an officer armed with gloves and equipment to administer the test came toward him, the defendant said he would not take the test. At trial, testimony of the defendants refusal to "have his hands swabbed" was admitted over his objection, the prosecutor later arguing to the jury that this testimony was convincing proof of the defendants consciousness of his guilt.{/Cite} The admission of this testimony forms the primary basis of Herrings appeal from his conviction for the lesser offense of second-degree murder.