Martinez v. State

PRICE, J.,

filed a concurring opinion.

This case was tried over a year before the Supreme Court issued its opinion in Missouri v. Seibert.1 The appellant’s brief in the court of appeals was filed a week before Seibert.2 The court of appeals’s resolution of the appellant’s only claim on appeal was thus hampered by a record that was developed in anticipation of a Supreme Court opinion, rather than in light of already-established Supreme Court precedent. There is no claim that the issue was not properly preserved for appeal, however, and Seibert would apply retroactively to any case pending on…