Lundberg Stratton, J. {¶ 1} Today we are asked to decide whether a defendant’s pre-arrest silence may be used as substantive evidence of guilt in the state’s case-in-chief and whether a defendant’s post-arrest, post-Miranda assertion of his right to counsel may be used as substantive evidence of guilt in the state’s case-in-chief. For all of the reasons expressed below, we hold that use of a defendant’s pre-arrest s…
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