Sullivan, J. (concurring in result). I think the majority opinion is too restrictive of the State’s right to probe a defendant’s credibility as a witness. A defendant has a right to remain silent when arrested or at trial, and no adverse inference can be drawn therefrom. This right is guaranteed not only by the Eifth Amendment but also, as the majority notes, “is enshrined in the common law.” A defendant’s mere silence can nev…
Read the full opinion (source) ↗
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Citation figures are counts of later citing opinions in our corpus and may be incomplete; always read and Shepardize the full opinion before relying on it.