Odell v. State

(on motion for reconsideration.) Plaintiff in error (hereinafter defendant) has moved for reconsideration of the opinion previously filed in this case, arguing (1) that the opinion incorrectly characterizes the admission of testimony in the State’s case in chief regarding the defendant’s refusal to answer a question during custodial interrogation as nonconstitutional error and (2) that the .opinion misstates the law regarding the permissible use of a defendant’s silence during custodial interrogation to impeach the defendant during cross-examination. The State agrees with the defendant’s…