Ex Parte White

in which COCHRAN, J., joined.

We held in Sanchez that the Texas Constitution bars the use against a defendant of his post-arrest, pre-Miranda silence.1 I believe that this case is not controlled by Sanchez because applicant was not silent after he was arrested; he told the officers that he had been home all evening. His strategy at trial was to admit that he had been at the bar but persuade jurors that he did not know he had run over the victims. His testimony was to that effect. It was not counsel’s questions, but applicant’s trial strategy and his testimony that opened the door to…