Salinas v. Texas
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|12-246||Tex. Crim. App.||
Apr 17, 2013
|Jun 17, 2013||5-4||Alito||OT 2012|
Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, is among the co-counsel to the petitioner in this case.
Holding: When petitioner had not yet been placed in custody or received Miranda warnings, and voluntarily responded to some questions by police about a murder, the prosecution’s use of his silence in response to another question as evidence of his guilty at trial did not violate the Fifth Amendment because petitioner failed to expressly invoke his privilege not to incriminate himself in response to the officer’s question.
Plain English Summary:
Judgment: Affirmed, 5-4, in an opinion by Justice Alito on June 17, 2013. Justice Thomas, joined by Justice Scalia, concurred only in the judgment. Justice Breyer filed a dissenting opinion joined by Justice Ginsburg, Justice Sotomayor, and Justice Kagan.
- Opinion recap: If you want to claim the Fifth . . . (Lyle Denniston)
- Details: Salinas v. Texas (Updated 1:30 PM) (Tejinder Singh)
- SCOTUS for law students (sponsored by Bloomberg Law): A right to remain silent, but when does it begin? (Stephen Wermiel)
- Argument recap: Reading silence's meaning (Lyle Denniston)
- Argument preview: A penalty for silence? (Lyle Denniston)