State v. McGinnis

WELLS, Judge.

In his first assignment of error, defendant contends that his rights under the 5th and 14th amendments of the United States Constitution were violated by the state’s attempt to impeach him with evidence of his post-arrest silence.

We first address defendant’s 14th amendment due process argument. In Doyle v. Ohio, 426 U.S. 610 (1976), the Supreme Court held that a defendant’s silence at the time of arrest and after receiving Miranda warnings could not be used to impeach his testimony at trial. The Miranda 1 decision requires that a person taken into custody be advised, inter alia,…