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.
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.
SCOTUSblog Coverage
- Details: Salinas v. Texas (Updated 1:30 PM) (Tejinder Singh, June 17, 2013)
- Opinion recap: If you want to claim the Fifth . . . (Lyle Denniston, June 17, 2013)
- SCOTUS for law students (sponsored by Bloomberg Law): A right to remain silent, but when does it begin? (Stephen Wermiel, June 6, 2013)
- Argument recap: Reading silence's meaning (Lyle Denniston, April 17, 2013)
- Argument preview: A penalty for silence? (Lyle Denniston, April 16, 2013)
| Date | Proceedings and Orders |
|---|---|
| 08/24/2012 | Petition for a writ of certiorari filed. (Response due September 26, 2012) |
| 09/26/2012 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 09/26/2012 | Waiver of right of respondent Texas to respond filed. |
| 10/03/2012 | DISTRIBUTED for Conference of October 26, 2012. |
| 10/10/2012 | Response Requested . (Due November 9, 2012) |
| 11/14/2012 | Order extending time to file response to petition to and including December 10, 2012. |
| 12/10/2012 | Brief of respondent Texas in opposition filed. |
| 12/19/2012 | Reply of petitioner Genovevo Salinas filed. |
| 12/19/2012 | DISTRIBUTED for Conference of January 11, 2013. |
| 01/11/2013 | Petition GRANTED. |
| 01/29/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| 01/29/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 02/11/2013 | SET FOR ARGUMENT ON Wednesday, April 17, 2013 |
| 02/20/2013 | Joint appendix filed. (Statement of costs received.) |
| 02/20/2013 | Brief of petitioner Genovevo Salinas filed. |
| 02/26/2013 | Brief amicus curiae of American Civil Liberties Union filed. |
| 02/27/2013 | Brief amicus curiae of American Board of Criminal Lawyers filed. |
| 02/27/2013 | Brief amici curiae of Rutherford Institute, et al. filed. |
| 02/27/2013 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
| 03/06/2013 | Brief amicus curiae of Wayne County, Michigan filed. (Distributed) |
| 03/08/2013 | CIRCULATED. |
| 03/11/2013 | Record from Court Court of Criminal Appeals of Texas is electronic. |
| 03/22/2013 | Brief of respondent Texas filed. (Distributed) |
| 03/28/2013 | Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed) |
| 03/29/2013 | Brief amicus curiae of the United States filed. (Distributed) |
| 03/29/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 03/29/2013 | Brief amici curiae of Illinois, et al. filed. (Distributed) |
| 04/10/2013 | Reply of petitioner Genovevo Salinas filed. (Distributed) |
| 04/12/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 04/17/2013 | Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Alan K. Curry, Houston, Tex.; and Ginger D. Anders, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| 06/17/2013 | Adjudged to be AFFIRMED. Alito, J., announced the judgment of the Court, and delivered an opinion, in which Roberts, C. J., and Kennedy, J., joined. Thomas, J., filed an opinion concurring in the judgment, in which Scalia, J., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. |
| 07/19/2013 | Mandate Issued |
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.
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.