444 U.S. 904 | SCOTUS | 1979
Dissenting Opinion
dissenting.
I dissent from the denial of certiorari. In Doyle v. Ohio, 426 U. S. 610, 619 (1976), the Court held “that the use for impeachment purposes of petitioners' silence, at the time of arrest and after receiving Miranda warnings, violated the Due Process Clause of the Fourteenth Amendment."
I would grant certiorari in this case because the decision of the Florida District Court of Appeal is in conflict with Doyle v. Ohio, supra. Indeed, the conflict with Doyle seems sufficiently clear to me to warrant summary reversal of petitioner’s conviction.
Lead Opinion
Dist. Ct. App. Fla., 4th’ Dist. Certiorari denied.