Good thing the. TX Constitution have WAY more protections regarding the right to remain silent than the Federal Constitution provides.
TX prevents the use of post arrest silence AND pre arrest silence.
I need to read this opinion before I go further, but the makeup of the 5-4 court doesn’t look right here based on my knowledge of their prior cases.
Also, just to clarify what I said about TX law.
This SCOTUS case was actually a TX murder trial in state court.
The key is for the defense attorney to specifically object based on Article 1 Section 10 of the TX Constitution.
Most attorneys will simply object based on the 5the Amendment to the US Constitution.
That is a huge mistake when the state tries to use pre arrest silence against the defendant.