Two brothers were shot and killed in their Houston home. The police found shotgun shells at the…
Three Supreme Court justices upheld the verdict of guilty, finding that the admission of Salinas’s silence when asked about the shotgun shells did not violate his Fifth Amendment privilege not to testify against him because a defendant normally does not invoke the privilege by remaining silent during a noncustodial interview. Two other justices upheld the verdict of guilty but did so based on another reason, that the Fifth Amendment does not prohibit a prosecutor from commenting on a defendant’s silence during a precustodial interview. Four justices filed a dissenting opinion, finding that the evidence of the defendant’s silence at a precustodial interview should not be admitted into evidence. What kind of decision is this U. S. Supreme Court decision? Does this decision establish precedent? Salinas v. Texas, 133 S. Ct. 2174, 2012 U. S. Lexis 4697 (Supreme Court of the United States, 2012)
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