The case of Rolon v. State of Florida, 36 Fla. L. Weekly D2230, is interesting because it compared two very important rights guaranteed by the U.S. Constitution in the Fifth Amendment and the Sixth Amendment. The Fifth Amendment allows a person to refuse to testify in order to keep from incriminating himself, and the Sixth Amendment provides that a person has a right to effective assistance of counsel. In Rolon v. State of Florida, the defendant had two trials. He was convicted after the first trial. He testified in the first trial and the court found that his lawyer was completely ineffective. A second trial was ordered.
In the second trial, the prosecutor introduced the defendant's testimony from the first trial. The Second District Court of Appeal held that the introduction of the defendant's testimony from the first trial during the second trial did not violate the defendant's Fifth Amendment right against self-incrimination, but it did violate the defendant's Sixth Amendment right to effective assistance of counsel. This is because if he would have had effective assistance of counsel in the first case, he probably would not have testified.