Nature of the Case
To access this section all you need to do is click here and register.
Facts
Buchanan and Weir (D) got into a fight. Buchanan was killed. D fled the scene without telling the police what had happened. D was arrested. He was not given Miranda warnings, but he was silent anyway. He was tried for murder. D claimed self-defense because the killing was accidental. He was cross-examined about his post-arrest silence, his failure to make any exculpatory statements, and his failure to disclose the murder weapon's location. D was convicted of manslaughter. The state supreme court and the court of appeals affirmed his conviction. The Supreme Court granted review. D claimed that he was denied due process because his pre-arrest silence was used to impeach him.
Support@ bsmsphd.com
Casebriefs Co