People v. Welsh

The People seek review of the court of appeals’ decision in People v. Welsh, 58 P.3d 1065 (Colo.App.2002). A jury convicted the defendant of first degree murder after rejecting her defense of not guilty by reason of insanity. The defendant appealed, arguing that the trial court erred in admitting testimony regarding her pre-arrest silence as substantive evidence of her guilt because such evidence violated her privilege against self-incrimination. The court of appeals agreed, ruling that the Fifth Amendment right to be free from self-incrimination includes the right to pre-arrest silence, and…