Case Detail
CitationMarston v. State, No. SC12–357, 2014 WL 1240029 (Fla. March 27, 2014)
CrimeSex crimes
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2008
BodySupreme court
OpinionDefendant was convicted in the Circuit Court of Hillsborough County, Florida of three counts of sexual battery and one count each of kidnapping, aggravated battery, and attempted robbery. The Florida Supreme Court held that comments by prosecutor during voir dire demeaned defendant's constitutional right to remain silent, and error in prosecutor's comments was not harmless. "In this case, it is abundantly clear that the prosecutor commented continuously on Marston's constitutional right to remain silent during voir dire, including: Marston has the 'absolute right' 'to remain silent' and 'keep his mouth shut this entire time,' Marston could 'sit there and play dominoes the whole time,' 'sit there and not say a word,' 'read magazines,' and 'play on Facebook,' and 'I can't put him on the stand.' We find that the extensive remarks iterated by the prosecutor were improper and demeaned Marston's constitutional right to remain silent. The prosecutor 'directly comment[ed] on [Marston's] silence and hammer[ed] the point home.'"
Determination YearUKN
Misconduct TypeT
C/S EffectVacate conviction or sentence
Pros. Misc. ReportedUKN
Sanction TypeUKN
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