State v. VanWinkle
Annotate this CaseAfter a jury trial, Pete VanWinkle was found guilty of attempted murder and other offenses. VanWinkle appealed, arguing that the trial court violated his Fifth Amendment privilege against self-incrimination by admitting evidence of his post-custody, pre-Miranda silence, and the prosecutorial comment on it. The court of appeals affirmed, concluding that Miranda did not apply because there was no police interrogation. The Supreme Court vacated the court of appeals but affirmed VanWinkle's convictions and sentences, holding (1) the admission of post-custody, pre-Miranda silence and prosecutorial comment on such silence violates a defendant's constitutional right to remain silent; but (2) the error in this case was harmless.
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