Criminal – Impeachment – Prior Silence

By Deborah Elkins
Published: January 5, 2009

Where a detective testified that the defendant declined to be interviewed after his arrest, and where the record fails to show the defendant’s silence was in response to any Miranda warnings, the evidence is admissible to suggest that the defendant’s self-defense explanation was of recent fabrication, the Court of Appeals holds. The defendant shot a handgun ...

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