CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Self-Incrimination Privilege
.........Comment on Exercise of Privilege
............Postarrest Silence: Post-Miranda Warn.
 17 Cards On This Topic:
  • DA's comment on D's postarrest, post-Miranda silence to impeach D's exculpatory story at trial violates due process.
  • Harmless-error standard applies in determining whether habeas relief must be granted because of trial type constitutional error (referring to D's post-Miranda silence).
  • Comment on D's postarrest, post-Miranda silence as evidence of D's sanity violates 14th Amend. due process clause.
  • D's Fifth Amendment rights not violated if objection sustained to, and jury told to disregard, DA's comment on D's postarrest, post-Miranda silence.
  • No Doyle error when O testified that D asked for atty during interrogation where DA was not permitted to use the comment against D by inviting the jury to draw adverse inferences from the remark.
  • No abuse of discretion in finding any potential prejudice from O's testimony on D's invocation of his right to remain silent would be cured by prompt admonition to disregard the stricken evidence and any adverse inferences.
  • DA did not unfairly cross-examine D on his post-Miranda silence.
  • DA did not commit Doyle error where his question not designed to impeach D's later statements to police by reference to earlier decision not to talk with them, "which is the harm the holding of Doyle seeks to prevent."
  • No Doyle error in DA's comments on D's failure to tell friends and family, before being advised of right to remain silent, of presence of friend at crime scene.
  • Single question posed on cross-exam re D's postarrest silence and validation of such question by trial court's overruling defense objection, is Doyle violation.
  • Error under Doyle to comment on D's postarrest silence to private person, only if silence was conscious exercise of constitutional rights.
  • DA's use of D's pretrial silence re alibi defense unfairly infringed exercise of right not to speak to DA or police and was due process violation.
  • Postarrest, post-Miranda silence may not be commented on even when Miranda warning given by private security guard.
  • DA may not use or comment on invocation after admonition to rebut mental defense.
  • Improper use of invocation for impeachment.
  • To argue no Doyle error in admitting post-arrest silence evidence, government bears burden of proving Miranda warnings not given.


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