Genovevo Salinas v. State
368 S.W.3d 550
Tex. App.2011Background
- Salinas was convicted of two counts of murder and sentenced to 20 years’ imprisonment and a $5,000 fine.
- Evidence included neighbor testimony, shell casings at the scene, and Cuellar’s testimony of a confession.
- Ballistics tied Salinas’s shotgun to the casings; two cars at Salinas’s home matched descriptions of a getaway vehicle.
- Sergeant Elliott testified Salinas showed signs of deception after remaining silent during questioning.
- Salinas’s first trial ended in a mistrial; second jury convicted Salinas and imposed the same sentence.
- Salinas challenged (1) ineffective assistance for failing to object to testimony about Salinas’s truthfulness, and (2) admission of Salinas’s pre-arrest silence as evidentiary matter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance—failure to object to truthfulness testimony | Salinas—counsel failed to object to witness’s implied opinion on truthfulness | Salinas—trial strategy supports lack of prejudice | Issue overruled; no reversible prejudice shown |
| Admissibility of pre-arrest silence | Silence was protected by Fifth Amendment and should not be used substantively | No Fifth Amendment bar; silence admissible when no government compulsion | Issue overruled; pre-arrest silence admitted as substantive evidence per governing authorities |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective-assistance standard; two-prong test)
- Jenkins v. Anderson, 447 U.S. 231 (U.S. 1980) (pre-arrest silence impeaches testifying defendant)
- Mallett v. State, 65 S.W.3d 59 (Tex. Crim. App. 2001) (ineffective-assistance framework in Texas; prejudice required)
- Yount v. State, 872 S.W.2d 706 (Tex. Crim. App. 1993) (truthfulness evaluation resides with jury; Rule 702 limits expert testimony)
- Schutz v. State, 957 S.W.2d 52 (Tex. Crim. App. 1997) (limits on lay witness credibility testimony about truthfulness)
- Lane v. State, 257 S.W.3d 22 (Tex. App.—Houston [14th Dist.] 2008) (credibility issue not dependent on challenged testimony in some cases)
- Fuller v. State, 224 S.W.3d 823 (Tex. App.—Texarkana 2007) (counsel’s failure to object in sexual-assault cases; credibility issues prominent)
- Oplinger v. United States, 150 F.3d 1061 (5th Cir. 1998) (Fifth Amendment and pre-arrest silence treated as non-protected in some contexts)
- Zanabria v. United States, 74 F.3d 590 (9th Cir. 1996) (pre-arrest silence admissibility in some circuits)
- Lee v. State, 15 S.W.3d 921 (Tex. Crim. App. 2000) (opening statement referencing silence—uncertainties in law at time)