People v. McNally

We granted leave to appeal in this case to consider whether the admission of testimony concerning defendant’s silence after his arrest, but before he was given Miranda warnings,1 i.e., pre-Miranda silence, as substantive evidence of defendant’s guilt is error requiring reversal of defendant’s convictions. Following a jury trial, defendant was convicted of second-degree murder, MCL 750.317, and failure to stop at the scene of an accident in which he was involved and that resulted in serious injury, MCL 257.617. Defendant appealed these convictions, contending that the prosecutor im*3properly…