State v. Leach

{¶ 1} Today we are asked to decide whether a defendant’s pre-arrest silence may be used as substantive evidence of guilt in the state’s case-in-chief and whether a defendant’s post-arrest, post-Miranda assertion of his right to counsel may be used as substantive evidence of guilt in the state’s case-in-chief. For all of the reasons expressed below, we hold that use of a defendant’s pre-arrest silence as substantive evidence of guilt violates the Fifth Amendment, and we hold that the use of a defendant’s post-arrest, post -Miranda invocation of his right to counsel as substantive evidence of…