Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Perdogg

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.


31 posted on 06/17/2013 8:18:54 AM PDT by Clump ( the tree of liberty is withering like a stricken fig tree)
[ Post Reply | Private Reply | To 6 | View Replies ]


To: Clump

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.


32 posted on 06/17/2013 8:51:40 AM PDT by Clump ( the tree of liberty is withering like a stricken fig tree)
[ Post Reply | Private Reply | To 31 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson