Waldo v. State

OPINION

DIAL, Justice.

This is an appeal from a conviction for the offense of murder. Defendant was found guilty by a jury which assessed his punishment at 99 years’ confinement.

Defendant first complains of the State’s use of his post-arrest, post-Miranda silence for impeachment. Following a motion to suppress hearing out of the presence of the jury the trial court cautioned the State’s witnesses not to refer to the defendant’s post-arrest silence. In the presence of the jury, in response to the question by the prosecutor “At which point what did you do,” Detective Tart testified as follows:

By…