People v. Trujillo

I understand the majority to hold that if the admission of a statement in the case-in-chief against a defendant would violate the Miranda rule, that statement cannot be used even for impeachment purposes unless the defendant testifies at trial. Because it seems clear to me that the defendant's custodial statement in this case did not adequately contradict the testimony of any defense witness, I consider it unnecessary to reach the broader question addressed by the majority. Because I also have concerns about various aspects of the majority's discussion of im*327peachment, its failure to…