State v. Schiller-Munneman

Defendant appeals a judgment convicting him of first-degree rape, ORS 163.375, raising three assignments of error. At defendant’s trial, over defendant’s objection, the trial court allowed the state to discuss and introduce evidence of text messages that the victim sent to defendant at the police’s request, as well as defendant’s nonresponse to those messages. In his first assignment of error, defendant contends that the trial court erred in denying his motion to suppress that evidence, arguing that the state’s use of his silence as substantive evidence at trial violated his right to remain…