Salinas, Genovevo
2012 Tex. Crim. App. LEXIS 636
| Tex. Crim. App. | 2012Background
- Appellant Salinas was charged with murder after police linked him to two homicide victims found December 18, 1992.
- Salinas voluntarily accompanied officers to the station and answered questions for about one hour before remaining silent when asked about shotgun-shell evidence; ballistics later connected the shotgun at Salinas's home to the scene.
- A witness later stated Salinas had admitted murdering the victims, leading to his arrest decades later in 2007 after evading capture for about 15 years.
- Salinas’s first trial resulted in a mistrial; the second trial admitted evidence of his pre-arrest, pre-Miranda silence as substantive guilt evidence.
- The Fourteenth Court of Appeals held pre-arrest, pre-Miranda silence admissible, while Salinas challenged the ruling as a Fifth Amendment violation.
- The Texas Court of Criminal Appeals affirmed, holding that pre-arrest, pre-Miranda silence is not protected by the Fifth Amendment and may be used against a non-testifying defendant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pre-arrest, pre-Miranda silence is admissible evidence against a non-testifying defendant | Salinas argued Fifth Amendment protection applies; silence should be invocable irrespective of custody | State contends silence is admissible as substantive evidence of guilt under evolving precedent | Pre-arrest, pre-Miranda silence is admissible; not protected by the Fifth Amendment |
Key Cases Cited
- Jenkins v. Anderson, 447 U.S. 231 (U.S. (1980)) (concurring opinion cited for pre-arrest silence rationale)
- Doyle v. Ohio, 426 U.S. 610 (U.S. (1976)) (post-arrest silence impeachment rule)
- Griffin v. California, 380 U.S. 609 (U.S. (1965)) (police cannot comment on defendant’s silence at trial)
- Fletcher v. Weir, 455 U.S. 603 (U.S. (1982)) (limits on impeachment by silence after arrest when defendant testifies)
- Sanchez v. State, 707 S.W.2d 575 (Tex. Cr. App. 1986) (Texas constitutional protections discussed in silence immunity)
- Oplinger v. United States, 150 F.3d 1061 (9th Cir. 1998) (pre-arrest silence admissibility cited in jurisdictional context)
- Zanabria v. United States, 74 F.3d 590 (5th Cir. 1996) (courts split on pre-arrest silence admissibility)
- Rivera v. United States, 944 F.2d 1563 (11th Cir. 1991) (illustrates circuitry of pre-arrest silence considerations)
- Leecan v. State, 504 A.2d 480 (Conn. 1986) (statutory/posture considerations on silence evidence)
- Masslon v. State, 746 S.W.2d 618 (Mo. Ct. App. 1988) (state appellate views on silence as evidence)
- Dreher v. N.J. App. Div., 695 A.2d 672 (N.J. App. Div. 1997) (illustrative silence-evidence discussions)
- Helgeson v. State, 303 N.W.2d 342 (N.D. 1981) (alternative state-law perspectives on silence)