Rodriguez v. State

Citation629 So.2d 135
CourtUnited States State Supreme Court of Florida
Decision Date27 October 1993
PartiesRodriguez (Eusebio) v. State NO. 82,162

Appeal From: 3d DCA, 619 So.2d 1031

Disposition: Rev. den.

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3 cases
  • State v. Hoggins
    • United States
    • Florida Supreme Court
    • September 17, 1998
    ... ... 4 Hoggins, 689 So.2d at 384-86. The court recognized that its decision might be construed as conflicting with Rodriguez v. State, 619 So.2d 1031 (Fla. 3d DCA 1993), review denied, 629 So.2d 135 (Fla.1993), which found that impeachment with a defendant's prearrest, pre-Miranda silence did not violate the Fifth Amendment of the United States Constitution. Accordingly, the court certified the question of whether using ... ...
  • Hoggins v. State
    • United States
    • Florida District Court of Appeals
    • February 26, 1997
    ... ...         On cross-examination, the prosecutor was allowed to ask appellant why he had never told the police his story when they came to the apartment on the night of the robbery. Objection to this impeachment was overruled based on Rodriguez v. State, 619 So.2d 1031 (Fla. 3d DCA 1993). Rodriguez held that impeachment of a defendant's credibility with defendant's pre-Miranda silence is proper, relying on Brecht v. Abrahamson, 507 U.S. 619, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993), and Jenkins v. Anderson, 447 U.S. 231, 100 S.Ct. 2124, 65 ... ...
  • Coleman v. State, s. 97-2940
    • United States
    • Florida District Court of Appeals
    • May 20, 1998
    ... ... Jaggard, Assistant Attorney General, for appellee ...         Before COPE, GODERICH and SHEVIN, JJ ...         PER CURIAM ...         Affirmed. Pitts v. State, 23 Fla. L. Weekly D814, 710 So.2d 62 (Fla. 3d DCA Mar.25, 1998); Rodriguez v. State, 619 So.2d 1031 (Fla. 3d DCA), review denied, 629 So.2d 135 ... ...

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