Opinion

Donna Horwitz v. State

189 So. 3d 800
2015 Fla. App. LEXIS 2145
2015 WL 671136

Court: District Court of Appeal of Florida
Filed: Feb 18, 2015
Status: Published
Author: Klingensmith
On the bench: Taylor, Warner, Klingensmith
Cited by: 11 cases
Authority: More cited than 11.6%

The opinion

KLINGENSMITH, J.,

dissenting.

In my opinion, this court should follow the United States Supreme Court’s decision in Salinas v. Texas, — U.S. -, 133 S.Ct. 2174 , 186 L.Ed.2d 376 (2013). While I agree with my colleagues that Hoggins suggests that evidence of appellant’s pre-arrest silence was inadmissible where she did not testify at trial, Hoggins was nonetheless decided before the recent Salinas decision. Therefore, I believe the Supreme Court’s ruling in Salinas should serve as controlling precedent here, and for that reason I respectfully dissent.

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