Legal Opinion
State of Florida v. Donna Horwitz
Supreme Court of Florida
Decided May 5, 2016No. SC15-348PublishedCited by 23 opinions
1Opinion of the CourtPariente, J.
The issue before the Court is whether, under article I,. section 9 of the Florida Constitution and Florida evidentiary.law, the State is precluded from using a defendant’s pre-arrest, pre-Miranda 1 silence as substantive evidence of guilt when the defendant does not testify at trial. In Horwitz v. State, 189 So.3d 800 (Fla. 4th DCA 2015), the Fourth District Court of Appeal concluded that the State could not use evidence of this silence as substantive evidence of guilt and certified the following question to be of.great public importance:
WHETHER, UNDER . FLORIDA LAW, THE STATE IS PRECLUDED…
2Cases cited24 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- State v. DiGuilioSupreme Court of Florida · 1986
- Marks v. United StatesSupreme Court of the United States · 1977
- Marks v. United StatesSupreme Court of the United States · 1977
- Jenkins v. AndersonSupreme Court of the United States · 1980
19 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Timothy Lee Hurst v. State of FloridaSupreme Court of Florida · 2016
- Dante Martin v. StateDistrict Court of Appeal of Florida · 2016
- Sharon Myers v. State of FloridaSupreme Court of Florida · 2017
- Cannon v. StateDistrict Court of Appeal of Florida · 2016
- ANDRE WILSON, JR. v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
18 more not listed; retrieve them via the Exa API.