Silva v. State

I respectfully dissent from the majority’s affirmance of the judgment of the Court of Appeals. In its effort to endorse the use by the Court of Appeals of the de novo standard of review, the majority erroneously disregards the trial court’s implicit credibility determination and joins the Court of Appeals in ignoring a factual determination made by the trial court concerning dangerousness. Because the trial court’s factual determination that the officer did not believe the speeding driver was dangerous must be upheld since it is supported by evidence, the Court of Appeals’ legal theory…