Florida Rule of Criminal Procedure 3.250 - ACCUSED AS WITNESS | Syfert Law

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Florida Rule of Criminal Procedure 3.250

RULE 3.250. ACCUSED AS WITNESS

In all criminal prosecutions the accused may choose to be
sworn as a witness in the accused’s own behalf and shall in that
case be subject to examination as other witnesses, but no accused
person shall be compelled to give testimony against himself or
herself, nor shall any prosecuting attorney be permitted before the
jury or court to comment on the failure of the accused to testify in
his or her own behalf.

Committee Notes

1968 Adoption. Same as section 918.09, Florida Statutes.

1972 Amendment. Same as prior rule. The committee
considered The Florida Bar proposed amendment to this rule, but
makes no recommendation with respect thereto.

Cases Citing Rule 3.250

Total Results: 80

Kelley v. Secretary for the Department of Corrections

377 F.3d 1317, 2004 U.S. App. LEXIS 15249, 2004 WL 1637062

Court of Appeals for the Eleventh Circuit | Filed: Jul 23, 2004 | Docket: 398086

Cited 223 times | Published

. At the time of Kelley's trial, Fla. R.Crim. P. 3.250 provided that "a defendant offering no testimony

Category: Criminal Procedure

Cooper v. State

336 So. 2d 1133

Supreme Court of Florida | Filed: Jul 8, 1976 | Docket: 379275

Cited 119 times | Published

which is customary in Florida when Crim.Proc. Rule 3.250 does not apply, and (viii) to clarify jury instructions

Category: Criminal Procedure

LeCroy v. Secretary, Florida Department of Corrections

421 F.3d 1237, 2005 U.S. App. LEXIS 18570, 2005 WL 2055917

Court of Appeals for the Eleventh Circuit | Filed: Aug 29, 2005 | Docket: 398384

Cited 75 times | Published

final closing argument. See Fla. R.Crim. P. 3.250. During its closing argument, defense

Category: Criminal Procedure

Louis Matire v. Louie Wainwright

811 F.2d 1430, 1987 U.S. App. LEXIS 3063

Court of Appeals for the Eleventh Circuit | Filed: Mar 9, 1987 | Docket: 1497954

Cited 69 times | Published

Fla.Laws c. 70-339, § 180, and Fla. StatAnn. Rule 3.250 (West 1973) (Florida Rule of Criminal Procedure)

Category: Criminal Procedure

Willie Jasper Darden v. Louie L. Wainwright, Secretary, Department of Corrections, State of Florida

699 F.2d 1031, 1983 U.S. App. LEXIS 29061

Court of Appeals for the Eleventh Circuit | Filed: Apr 6, 1983 | Docket: 699517

Cited 65 times | Published

955. . Florida Rules of Criminal Procedure, Rule 3.250 (1973) provided that “a defendant offering no

Category: Criminal Procedure

Scipio v. State

928 So. 2d 1138, 2006 WL 345025

Supreme Court of Florida | Filed: Feb 16, 2006 | Docket: 1713752

Cited 60 times | Published

closing portions of closing argument. See Fla. R.Crim. P. 3.250 ("[A] defendant offering no testimony in

Category: Criminal Procedure

Dingle v. Secretary for the Department of Corrections

480 F.3d 1092, 2007 U.S. App. LEXIS 5448, 2007 WL 686600

Court of Appeals for the Eleventh Circuit | Filed: Mar 8, 2007 | Docket: 76650

Cited 52 times | Published

closing argument to the jury. 2 Fla. R.Crim. P. 3.250. Additionally, Sakin’s choice allowed him

Category: Criminal Procedure

Clark v. Dugger

834 F.2d 1561, 1987 U.S. App. LEXIS 16431

Court of Appeals for the Eleventh Circuit | Filed: Dec 15, 1987 | Docket: 673327

Cited 50 times | Published

12 Under Fla.R.Crim.P. 3.250, a defendant who offers no testimony in his

Category: Criminal Procedure

Harris v. State

438 So. 2d 787

Supreme Court of Florida | Filed: Sep 8, 1983 | Docket: 1445707

Cited 49 times | Published

State, 92 So.2d 811 (Fla. 1957). See also Fla.R.Crim.P. 3.250 (formerly § 918.09, Fla. Stat. (1969)). We

Category: Criminal Procedure

Amos Lee King, Jr. v. Charles G. Strickland, Jr., Warden, Florida State Penitentiary, Louie L. Wainwright, and Jim Smith, Attorney General

714 F.2d 1481, 1983 U.S. App. LEXIS 24307

Court of Appeals for the Eleventh Circuit | Filed: Sep 2, 1983 | Docket: 479393

Cited 47 times | Published

both the first and last closing arguments. Fla.R.Crim.P. 3.250. In any event, Cole got Wood to acknowledge

Category: Criminal Procedure

Dufour v. State

495 So. 2d 154, 55 U.S.L.W. 2247

Supreme Court of Florida | Filed: Sep 4, 1986 | Docket: 1758894

Cited 39 times | Published

to appellant's failure to take the stand. Fla.R.Crim.P. 3.250. An examination of the statements in question

Category: Criminal Procedure

Dessaure v. State

891 So. 2d 455, 2004 WL 2797213

Supreme Court of Florida | Filed: Dec 2, 2004 | Docket: 1349807

Cited 37 times | Published

476 So.2d 150, 153 (Fla.1985); see also Fla. R.Crim. P. 3.250 (prosecuting attorney prohibited from commenting

Category: Criminal Procedure

State v. Kinchen

490 So. 2d 21, 10 Fla. L. Weekly 446

Supreme Court of Florida | Filed: Aug 30, 1985 | Docket: 1743025

Cited 37 times | Published

Florida). The same prohibition now appears in Rule 3.250, Florida Rules of Criminal Procedure. See Gray

Category: Criminal Procedure

State v. Terry

336 So. 2d 65

Supreme Court of Florida | Filed: Apr 22, 1976 | Docket: 2521736

Cited 30 times | Published

210 Rule 3.220 Rule 3.230 Rule 3.240 Rule 3.250 Rule 3.270 Rule 3.280 Rule 3.290 Rule 3

Category: Criminal Procedure

Darden v. Wainwright

513 F. Supp. 947, 1981 U.S. Dist. LEXIS 11963

District Court, M.D. Florida | Filed: May 8, 1981 | Docket: 1236032

Cited 15 times | Published

to the concluding argument before the jury." Rule 3.250, Fla.Rules of Criminal Procedure, 34 F.S.A. 5

Category: Criminal Procedure

Bell v. State

108 So. 3d 639, 38 Fla. L. Weekly Supp. 87, 2013 WL 452130, 2013 Fla. LEXIS 204

Supreme Court of Florida | Filed: Feb 7, 2013 | Docket: 60229190

Cited 14 times | Published

476 So.2d 150, 153 (Fla.1985)); see also Fla. R.Crim. P. 3.250 (prohibiting prosecuting attorneys from

Category: Criminal Procedure

Amendments to Fla. Rules of Final Arguments

957 So. 2d 1164, 2007 WL 1285808

Supreme Court of Florida | Filed: May 3, 2007 | Docket: 1679417

Cited 14 times | Published

The Steering Committee's proposed amendment to rule 3.250 eliminated the portion of the rule providing

Category: Criminal Procedure

Snowden v. State

449 So. 2d 332

District Court of Appeal of Florida | Filed: Mar 29, 1984 | Docket: 1325772

Cited 14 times | Published

State, 92 So.2d 811 (Fla. 1957). See also Fla.R.Crim.P. 3.250. Specifically, any comment which is "fairly

Category: Criminal Procedure

Willinsky v. State

360 So. 2d 760

Supreme Court of Florida | Filed: Apr 5, 1978 | Docket: 1474155

Cited 14 times | Published

contained provisions similar to present Fla.R.Crim.P. 3.250, stated: "This statute applies to comment

Category: Criminal Procedure

Childers v. State

277 So. 2d 594

District Court of Appeal of Florida | Filed: May 3, 1973 | Docket: 1730536

Cited 14 times | Published

S., Section 918.09, F.S.A.) and now by rule (Rule 3.250, RCrP, 33 F.S.A.) a prosecuting attorney is prohibited

Category: Criminal Procedure

Taylor v. Singletary

122 F.3d 1390, 1997 U.S. App. LEXIS 26482, 1997 WL 572731

Court of Appeals for the Eleventh Circuit | Filed: Sep 26, 1997 | Docket: 421303

Cited 13 times | Published

argue first and last to the jury pursuant to Fla.R.Crim.P. 3.250. In short, Taylor’s inability to call Ortiz

Category: Criminal Procedure

Cooper v. Secretary, Department of Corrections

646 F.3d 1328, 2011 U.S. App. LEXIS 14874, 2011 WL 2899623

Court of Appeals for the Eleventh Circuit | Filed: Jul 21, 2011 | Docket: 580141

Cited 11 times | Published

behalf except his own. See Fla. R.Crim. P. 3.250 (1984). Since Cooper’s trial, the Florida

Category: Criminal Procedure

Grice v. State

967 So. 2d 957, 2007 WL 2890141

District Court of Appeal of Florida | Filed: Oct 5, 2007 | Docket: 1453923

Cited 11 times | Published

conclude that common law, rather than either rule 3.250 or section 918.19, was controlling as to the

Category: Criminal Procedure

Davis v. Singletary

853 F. Supp. 1492, 1994 U.S. Dist. LEXIS 12534, 1994 WL 227346

District Court, M.D. Florida | Filed: May 25, 1994 | Docket: 2508794

Cited 11 times | Published

the concluding argument before the jury." Fla.R.Crim.P. 3.250. Thus, a defendant who offers no evidence

Category: Criminal Procedure

Smith v. State

344 So. 2d 915

District Court of Appeal of Florida | Filed: Apr 6, 1977 | Docket: 474660

Cited 11 times | Published

comment on his failure to testify, contrary to Fla.R.Crim.P. 3.250. In Trafficante v. State, 92 So.2d 811 (Fla

Category: Criminal Procedure

State v. Mathis

278 So. 2d 280

Supreme Court of Florida | Filed: May 23, 1973 | Docket: 1706400

Cited 10 times | Published

the defendant failed to testify violating Crim. Rule 3.250, 33 F.S.A. (former Fla. Stat. § 918.09). Relying

Category: Criminal Procedure

Vazquez v. State

700 So. 2d 5, 1997 WL 361832

District Court of Appeal of Florida | Filed: Sep 24, 1997 | Docket: 1373263

Cited 9 times | Published

right to open and close final argument. See Fla. R.Crim. P. 3.250. In Louisy v. State, 667 So.2d 972 (Fla

Category: Criminal Procedure

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

Amendment. Same as prior rule. IX. THE TRIAL RULE 3.250. ACCUSED AS WITNESS In all criminal prosecutions

Category: Criminal Procedure

Scott v. State

559 So. 2d 269, 1990 WL 33501

District Court of Appeal of Florida | Filed: Mar 28, 1990 | Docket: 1522256

Cited 9 times | Published

entitled to make the concluding argument. See Rule 3.250, Fla. R.Crim.P. Although appellant objected to

Category: Criminal Procedure

Diaz v. State

747 So. 2d 1021, 1999 WL 1144797

District Court of Appeal of Florida | Filed: Dec 15, 1999 | Docket: 1475247

Cited 8 times | Published

compelled to observe that but for the existence of Rule 3.250 of the Florida Rules of Criminal Procedure the

Category: Criminal Procedure

Wike v. State

648 So. 2d 683, 1994 WL 656640

Supreme Court of Florida | Filed: Nov 23, 1994 | Docket: 1701790

Cited 7 times | Published

this is a capital case, the rule differs from Rule 3.250, Florida Rules of Criminal Procedure which provides

Category: Criminal Procedure

Pittman v. State

440 So. 2d 657

District Court of Appeal of Florida | Filed: Nov 18, 1983 | Docket: 1454375

Cited 7 times | Published

asserted on behalf of Schmidt that, pursuant to Rule 3.250, Florida Rules of Criminal Procedure, he was

Category: Criminal Procedure

Cunningham v. State

404 So. 2d 759

District Court of Appeal of Florida | Filed: Sep 8, 1981 | Docket: 1782117

Cited 7 times | Published

State, 342 So.2d 990 (Fla. 3d DCA 1977); Fla.R. Crim.P. 3.250. We find a second and independent grounds

Category: Criminal Procedure

Raysor v. State

272 So. 2d 867

District Court of Appeal of Florida | Filed: Feb 12, 1973 | Docket: 1645082

Cited 7 times | Published

of Roosevelt Lester because the court violated Rule 3.250, Florida Rules of Criminal Procedure[1], 33 F

Category: Criminal Procedure

Marshall v. State

473 So. 2d 688, 10 Fla. L. Weekly 88

District Court of Appeal of Florida | Filed: Dec 28, 1984 | Docket: 451537

Cited 6 times | Published

State, 92 So.2d 811 (Fla. 1957). See also Fla.R.Crim.P. 3.250. Specifically, any comment which is "fairly

Category: Criminal Procedure

Sublette v. State

365 So. 2d 775

District Court of Appeal of Florida | Filed: Dec 12, 1978 | Docket: 445044

Cited 6 times | Published

State, 183 So.2d 245 (Fla.2d DCA 1966); and Fla.R.Crim.P. 3.250. It has been held that not only is the accused

Category: Criminal Procedure

Preston v. State

260 So. 2d 501

Supreme Court of Florida | Filed: Mar 29, 1972 | Docket: 1747011

Cited 6 times | Published

trial judge passed on the constitutionality of Rule 3.250, CrPR, 33 F.S.A., concluding that it did not

Category: Criminal Procedure

Wilson v. State

371 So. 2d 126

District Court of Appeal of Florida | Filed: Dec 22, 1978 | Docket: 1786022

Cited 5 times | Published

argument and, if error, was harmless. Decision Rule 3.250, Florida Rules of Criminal Procedure, formerly

Category: Criminal Procedure

Watkins v. State

363 So. 2d 575

District Court of Appeal of Florida | Filed: Oct 10, 1978 | Docket: 461358

Cited 5 times | Published

defendant's failure to testify in violation of Fla.R.Crim.P. 3.250. As such error was properly preserved for

Category: Criminal Procedure

Oliva v. State

346 So. 2d 1066

District Court of Appeal of Florida | Filed: Jun 7, 1977 | Docket: 1411182

Cited 5 times | Published

State, 119 Fla. 341, 161 So. 380 (1935); and Fla.R.Crim.P. 3.250. See also the rule in Matera v. State, 218

Category: Criminal Procedure

Statewright v. State

278 So. 2d 652

District Court of Appeal of Florida | Filed: Jun 6, 1973 | Docket: 1356170

Cited 5 times | Published

extent and manner as any other witness. Fla.R.Crim.P. 3.250, 33 F.S.A. And when a witness on direct examination

Category: Criminal Procedure

Dean v. State

430 So. 2d 491

District Court of Appeal of Florida | Filed: Apr 5, 1983 | Docket: 1508834

Cited 4 times | Published

argument before the jury as required by Fla.R.Crim.P. 3.250.[1] We cannot agree. The state waived any

Category: Criminal Procedure

Gari v. State

364 So. 2d 766

District Court of Appeal of Florida | Filed: Oct 6, 1978 | Docket: 2450269

Cited 4 times | Published

make the concluding argument to the jury. Fla.R.Crim.P. 3.250 provides that if a defendant offers no testimony

Category: Criminal Procedure

McClain v. State

353 So. 2d 1215

District Court of Appeal of Florida | Filed: Dec 27, 1977 | Docket: 1521821

Cited 4 times | Published

that, the fact that you did not testify." Fla.R.Crim.P. 3.250 prohibits prosecutorial comment before a

Category: Criminal Procedure

Lyttle v. State

320 So. 2d 424

District Court of Appeal of Florida | Filed: Oct 15, 1975 | Docket: 1733825

Cited 4 times | Published

essentially similar to the provisions of present Rule 3.250, supra. For the above reasons, I respectfully

Category: Criminal Procedure

Grimsley v. State

304 So. 2d 493

District Court of Appeal of Florida | Filed: Dec 12, 1974 | Docket: 1437708

Cited 4 times | Published

opening and closing final arguments to the jury. Rule 3.250, F.R.Cr.P. (formerly § 918.09, Florida Statutes)

Category: Criminal Procedure

Marston v. State

136 So. 3d 563, 39 Fla. L. Weekly Supp. 155, 2014 Fla. LEXIS 1034, 2014 WL 1240029

Supreme Court of Florida | Filed: Mar 27, 2014 | Docket: 60240034

Cited 3 times | Published

accused to testify in his or her own behalf. Fla. R.Crim. P. 3.250 (emphasis added). Florida Standard Jury

Category: Criminal Procedure

Evans v. State

26 So. 3d 85, 2010 Fla. App. LEXIS 297, 2010 WL 176412

District Court of Appeal of Florida | Filed: Jan 20, 2010 | Docket: 2567604

Cited 3 times | Published

So.2d 181, 188 (Fla. *921991); see also Fla. R.Crim. P. 3.250.5 We find the State’s comments are susceptible

Category: Criminal Procedure

Mims v. Wainwright

403 F. Supp. 552, 1975 U.S. Dist. LEXIS 15247

District Court, M.D. Florida | Filed: Nov 17, 1975 | Docket: 1178185

Cited 3 times | Published

transcript of the April 22, 1975 hearing. [15] See Rule 3.250, Florida Rules of Criminal Procedure. [16] Significantly

Category: Criminal Procedure

Wilson v. State

284 So. 2d 24

District Court of Appeal of Florida | Filed: Oct 5, 1973 | Docket: 1427038

Cited 3 times | Published

Court adopted § 918.09 F.S. as criminal procedure Rule 3.250, 33 F.S.A., and there is no reason to believe

Category: Criminal Procedure

Kidder v. State

117 So. 3d 1166, 2013 WL 2494704, 2013 Fla. App. LEXIS 9264

District Court of Appeal of Florida | Filed: Jun 12, 2013 | Docket: 60232568

Cited 2 times | Published

faced before the Supreme Court of Florida amended rule 3.250 and added rule 3.381 to eliminate the "sandwich

Category: Criminal Procedure

Freeman v. State

846 So. 2d 552, 2003 WL 1877421

District Court of Appeal of Florida | Filed: Apr 16, 2003 | Docket: 1301568

Cited 2 times | Published

and close during closing argument. See Fla. R.Crim. P. 3.250. The defense's right to make the final closing

Category: Criminal Procedure

Leeks v. State

529 So. 2d 787, 1988 WL 77942

District Court of Appeal of Florida | Filed: Jul 29, 1988 | Docket: 1523790

Cited 2 times | Published

result that he would be foreclosed by operation of rule 3.250 of the Florida Rules of Criminal Procedure from

Category: Criminal Procedure

Jenkins v. State

317 So. 2d 114

District Court of Appeal of Florida | Filed: Jul 8, 1975 | Docket: 2537878

Cited 2 times | Published

judgments and sentences are affirmed. NOTES [1] Rule 3.250 RCrP provides in pertinent part: "In all criminal

Category: Criminal Procedure

& SC13-706 Lamar Z. Brooks v. State of Florida and Lamar Z. Brooks v. Julie L. Jones, etc.

175 So. 3d 204

Supreme Court of Florida | Filed: May 7, 2015 | Docket: 2655276

Cited 1 times | Published

response to the change in the law, we amended rule 3.250 to eliminate the portion of the rule providing

Category: Criminal Procedure

Jermaine Lebron v. State of Florida

135 So. 3d 1040, 39 Fla. L. Weekly Supp. 62, 2014 WL 321817, 2014 Fla. LEXIS 376

Supreme Court of Florida | Filed: Jan 30, 2014 | Docket: 401474

Cited 1 times | Published

to the change in the law, this Court amended rule 3.250 to eliminate the portion of the rule providing

Category: Criminal Procedure

Herman v. Butterworth

744 F. Supp. 1128, 1989 U.S. Dist. LEXIS 18953, 1989 WL 223279

District Court, S.D. Florida | Filed: Jun 5, 1989 | Docket: 65972984

Cited 1 times | Published

Dugger, 834 F.2d 1561, 1567 (11th Cir.1987). Under Rule 3.250 of the Florida Rules of Criminal Procedure, a

Category: Criminal Procedure

Anthony Mungin v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Jan 8, 2024 | Docket: 67910489

Published

Argued: Oct 24, 2023

evidence except his or her own testimony. See Fla. R. Crim. P. 3.250 (1993); see also In re Amends.

Category: Criminal Procedure

Pierre-Louis Jr. v. State

District Court of Appeal of Florida | Filed: Nov 22, 2017 | Docket: 6229124

Published

So. 2d 150, 153 (Fla. 1985). See also Fla. R. Crim. P. 3.250 (entitled “Accused as Witness” and providing:

Category: Criminal Procedure

Raymond C. Gleason v. State of Florida

188 So. 3d 35, 2016 Fla. App. LEXIS 3600, 2016 WL 889324

District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3042765

Published

1135 (Fla.1986)). See also Fla. R.Crim. P. 3.250 (providing, in pertinent part, that “no

Category: Criminal Procedure

Aaron Mohanlal v. State of Florida

162 So. 3d 1043, 2015 Fla. App. LEXIS 5116, 2015 WL 1545227

District Court of Appeal of Florida | Filed: Apr 8, 2015 | Docket: 2679419

Published

defendant”). Id. Effective May 3, 2007, rule 3.250 no longer refers to closing arguments, and rule

Category: Criminal Procedure

Haygood v. State

128 So. 3d 178, 2013 WL 6331345, 2013 Fla. App. LEXIS 19384

District Court of Appeal of Florida | Filed: Dec 5, 2013 | Docket: 60237007

Published

476 So.2d 150, 153 (Fla.1985); see also Fla. R. Crim. P. 3.250 (prosecuting attorney prohibited from commenting

Category: Criminal Procedure

Richard Cooper v. Secretary, DOC

Court of Appeals for the Eleventh Circuit | Filed: Jul 21, 2011 | Docket: 581065

Published

testimony on his own behalf except his own. See Fla. R. Crim. P. 3.250 (1984). Since Cooper’s trial, the Florida

Category: Criminal Procedure

Taylor v. State

969 So. 2d 583, 2007 WL 4245421

District Court of Appeal of Florida | Filed: Dec 5, 2007 | Docket: 1403855

Published

(citing Heffron v. State, 8 Fla. 73 (1858)). Rule 3.250 entitled the defendant "to the concluding argument

Category: Criminal Procedure

Zackery v. State

849 So. 2d 343, 2003 WL 1916720

District Court of Appeal of Florida | Filed: Jul 16, 2003 | Docket: 1509358

Published

did waive the right by the evidence and affirm. Rule 3.250 provides in part as follows: "a defendant offering

Category: Criminal Procedure

Lasprilla v. State

826 So. 2d 396, 2002 Fla. App. LEXIS 10324, 2002 WL 1626132

District Court of Appeal of Florida | Filed: Jul 24, 2002 | Docket: 64817623

Published

argument, to be followed by a State reply. See Fla. R.Crim. P. 3.250. During the sidebar conference, the defense

Category: Criminal Procedure

Medina v. State

748 So. 2d 360, 2000 Fla. App. LEXIS 43, 2000 WL 4822

District Court of Appeal of Florida | Filed: Jan 5, 2000 | Docket: 64793821

Published

her entitlement to concluding argument. Fla.R.Crim.P. 3.250. Although we would not have found this, in

Category: Criminal Procedure

Wright v. State

718 So. 2d 934, 1998 Fla. App. LEXIS 12793, 1998 WL 702290

District Court of Appeal of Florida | Filed: Oct 12, 1998 | Docket: 64783419

Published

“con-*935eluding argument” referenced in Fla. R.Crim. P. 3.250. This rule provides that: ... a defendant

Category: Criminal Procedure

Jackson v. State

700 So. 2d 14, 1997 Fla. App. LEXIS 7871, 1997 WL 386034

District Court of Appeal of Florida | Filed: Jul 11, 1997 | Docket: 64776063

Published

to first and last closing arguments. See Fla. R.Crim. P. 3.250 (“a defendant offering no testimony in his

Category: Criminal Procedure

Marin v. State

624 So. 2d 808, 1993 WL 392286

District Court of Appeal of Florida | Filed: Sep 28, 1993 | Docket: 1517926

Published

right to open and close in closing argument. Fla. R.Crim.P. 3.250 provides that "a defendant offering no testimony

Category: Criminal Procedure

Morales v. State

609 So. 2d 765, 1992 Fla. App. LEXIS 12353, 1992 WL 360956

District Court of Appeal of Florida | Filed: Dec 8, 1992 | Docket: 64692598

Published

from Florida Rule of Criminal Procedure 3.250. Rule 3.250 gives a defendant offering no testimony in his

Category: Criminal Procedure

Gurican v. State

552 So. 2d 975, 14 Fla. L. Weekly 2690, 1989 Fla. App. LEXIS 6542, 1989 WL 139120

District Court of Appeal of Florida | Filed: Nov 21, 1989 | Docket: 64646564

Published

the concluding argument before the jury.” Fla.R.Crim.P. 3.250. In Faulk v. State, 104 So.2d 519 (Fla.1958)

Category: Criminal Procedure

Clark v. Dugger

834 F.2d 1561, 1987 WL 23622

Court of Appeals for the Eleventh Circuit | Filed: Dec 15, 1987 | Docket: 66231256

Published

S. at 687, 104 S.Ct. at 2064. . Under Fla.R.Crim.P. 3.250, a defendant who offers no testimony in his

Category: Criminal Procedure

McAvoy v. State

501 So. 2d 642, 12 Fla. L. Weekly 118, 1986 Fla. App. LEXIS 11051

District Court of Appeal of Florida | Filed: Dec 24, 1986 | Docket: 64624652

Published

would be deemed defense witnesses for purposes of Rule 3.250. Defense counsel objected to the ruling and then

Category: Criminal Procedure

Danford v. State

492 So. 2d 690, 1986 Fla. App. LEXIS 8621, 11 Fla. L. Weekly 1471

District Court of Appeal of Florida | Filed: Jul 2, 1986 | Docket: 64621004

Published

400(a) of the Florida Rules of Criminal Procedure. Rule 3.250 of the Florida Rules of Criminal Procedure states

Category: Criminal Procedure

Bentley v. State

422 So. 2d 68, 1982 Fla. App. LEXIS 21636

District Court of Appeal of Florida | Filed: Nov 17, 1982 | Docket: 64593384

Published

would be deemed defense witnesses so far as Fla.R.Crim.P. 3.250 was concerned. After objecting to the ruling

Category: Criminal Procedure

Shafter v. State

374 So. 2d 1127, 1979 Fla. App. LEXIS 15756

District Court of Appeal of Florida | Filed: Sep 12, 1979 | Docket: 64571919

Published

examination of the defendant was proper under Rule 3.250, Fla.R.Crim.P. and, further, that the evidence

Category: Criminal Procedure

Newton v. State

272 So. 2d 15, 1973 Fla. App. LEXIS 7345

District Court of Appeal of Florida | Filed: Jan 3, 1973 | Docket: 64529951

Published

Appellants insist it was a comment prohibited by Rule 3.250 CrPR, on the failure of the defendant Raymond

Category: Criminal Procedure

Newton v. State

272 So. 2d 15, 1973 Fla. App. LEXIS 7345

District Court of Appeal of Florida | Filed: Jan 3, 1973 | Docket: 64529951

Published

Appellants insist it was a comment prohibited by Rule 3.250 CrPR, on the failure of the defendant Raymond

Category: Criminal Procedure

Mathis v. State

267 So. 2d 846, 1972 Fla. App. LEXIS 6202

District Court of Appeal of Florida | Filed: Oct 18, 1972 | Docket: 64528184

Published

continues to be the view which should be applied to Rule 3.250 CrPR. Just recently we have found it necessary

Category: Criminal Procedure