Supreme Court of Florida
Filed: May 05, 2016
Supreme Court of Florida _ No. SC15-348 _ STATE OF FLORIDA, Petitioner, vs. DONNA HORWITZ, Respondent. [May 5, 2016] PARIENTE, 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-Miranda1 silence as substantive evidence of guilt when the defendant does not testify at trial. In Horwitz v. State, No. 4D13-336, 2015 WL 671136 (Fla. 4th DCA Feb. 18, 2015), the Four..
