UNITED STATES FIDELITY AND GUARANTY COMPANY, APPELLANT,

v.

SAFE HARBOR ENTERPRISES, INC., APPELLEE

Citator

Cited By

• State v. Hoggins, 718 So. 2d 761 (Fla. 1998)
  …ible to comment on a defendant’s postarrest silence whether on not the silence was induced by Miranda warnings. See Smith v. State, 681 So. 2d 894, 895-(Fla. 4th DCA 1996); Fundora v. State, 634 So. 2d 255, 256 (Fla. 3d DCA 1994); Thompson v. State, 634 So. 2d 169, 170 (Fla. 1st DCA 1994); Hicks v. State, 590 So. 2d 498, 500 (Fla. 3d DCA 1991); Lee v. State, 422 So. 2d 928 (Fla. 3d DCA 1982), review denied, 431 So. 2d 989 (Fla.1983). Unlike prior decisions though, the cases that followed Jenkins and Fletcher…
• Kiner v. State, 824 So. 2d 271 (Fla. 4th DCA 2002)
  …estified that “[p]rimarily ... he invoked his rights.” Id. The language is instructive in that it is identical to the statement by Handel in the case sub judice. Additionally, State v. Hoggins, 718 So. 2d 761, 772 (Fla.1998), and Thompson v. State, 634 So. 2d 169, 169 (Fla. 1st DCA 1994), may both be cited to stand for the proposition that a comment on a defendant’s refusal to answer booking questions, or refusal to answer questions after arrest is reversible error. The State urges us to draw a temporal dis…
• Burkes v. State, 719 So. 2d 29 (Fla. 2d DCA 1998)
  …t that and has no exceptions.” This court, as well as others, has held that silence in the face of police questioning is constitutionally protected. See Charton v. State, 23 Fla. L. Weekly D1655 (Fla. 4th [*31] DCA July 15, 1998); Thompson v. State, 634 So. 2d 169 (Fla. 1st DCA 1994); J.R. v. State, 627 So. 2d 126 (Fla. 5th DCA 1998); Robinson v. State, 550 So. 2d 1186 (Fla. 5th DCA 1989); Burgess v. State, 313 So. 2d 479 (Fla. 2d DCA 1975). The majority reads Allred v. State, 622 So. 2d 984 (Fla.1993), for t…

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Authorities Cited

• Liberty Mut. Ins. Co. v. Lone Star Indus., Inc., 556 So. 2d 1122 (Fla. 3d DCA 1989)