California Court of Appeal

In a prosecution for vehicular manslaughter with gross negligence, the judgment of conviction is reversed and the case remanded, where: 1) the prosecution violated the defendant's Fifth Amendment privilege against self-incrimination by introducing evidence at trial of his post-arrest, pre-Miranda silence in failing to ask about the condition of the victims as proof of guilt; and 2) the defendant was prejudiced by this violation of his Fifth Amendment right.

Appellate Information

• Decided 03/19/2012
• Published 03/19/2012

Judges

• Jenkins

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Marc J. Zilversmit, Mark S. Howell