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Salinas v. Texas

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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

DateProceedings and Orders (key to color coding)
Aug 24 2012Petition for a writ of certiorari filed. (Response due September 26, 2012)
Sep 26 2012Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Sep 26 2012Waiver of right of respondent Texas to respond filed.
Oct 3 2012DISTRIBUTED for Conference of October 26, 2012.
Oct 10 2012Response Requested . (Due November 9, 2012)
Nov 14 2012Order extending time to file response to petition to and including December 10, 2012.
Dec 10 2012Brief of respondent Texas in opposition filed.
Dec 19 2012Reply of petitioner Genovevo Salinas filed.
Dec 19 2012DISTRIBUTED for Conference of January 11, 2013.
Jan 11 2013Petition GRANTED.
Jan 29 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Jan 29 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Feb 11 2013SET FOR ARGUMENT ON Wednesday, April 17, 2013
Feb 20 2013Joint appendix filed. (Statement of costs received.)
Feb 20 2013Brief of petitioner Genovevo Salinas filed.
Feb 26 2013Brief amicus curiae of American Civil Liberties Union filed.
Feb 27 2013Brief amicus curiae of American Board of Criminal Lawyers filed.
Feb 27 2013Brief amici curiae of Rutherford Institute, et al. filed.
Feb 27 2013Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Mar 6 2013Brief amicus curiae of Wayne County, Michigan filed. (Distributed)
Mar 8 2013CIRCULATED.
Mar 11 2013Record from Court Court of Criminal Appeals of Texas is electronic.
Mar 22 2013Brief of respondent Texas filed. (Distributed)
Mar 28 2013Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
Mar 29 2013Brief amicus curiae of the United States filed. (Distributed)
Mar 29 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 29 2013Brief amici curiae of Illinois, et al. filed. (Distributed)
Apr 10 2013Reply of petitioner Genovevo Salinas filed. (Distributed)
Apr 12 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 17 2013Argued. 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.)
Jun 17 2013Adjudged 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.
Jul 19 2013Mandate Issued