On Friday, June 22, 2018, a Florida Appeals Court handed down its decision in Omulepu v. Department of Health Board of Medicine. The case involved a doctor's appeal from a decision by the Florida Department of Health, Board of Medicine to revoke a plastic surgeon's right to practice medicine. The main issue on appeal was the effect of the doctor's invocation of his Fifth Amendment right not to incriminate himself.
In criminal proceedings, a defendant's invocation of his Fifth Amendment privilege cannot be used against him. Juries are instructed in criminal cases that they cannot draw ...
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