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This section contains the nature of the case and procedural background.

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.

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