# Donna Horwitz v. State

> District Court of Appeal of Florida · February 18, 2015 · 189 So. 3d 800

URL: https://www.frixlaw.com/law-library/cases/9806082

## Case

- **Full name:** Donna HORWITZ, Appellant, v. STATE of Florida, Appellee
- **Court:** District Court of Appeal of Florida
- **Decided:** February 18, 2015
- **Citations:** 189 So. 3d 800; 2015 Fla. App. LEXIS 2145; 2015 WL 671136
- **Precedential status:** Published
- **Opinion:** Dissent by Klingensmith
- **Judges:** Taylor, Warner, Klingensmith
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9806082

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9806082. Public record. Not legal advice.