United States Third Circuit
US v. Lopez, 14-4610
Conviction of possessing a firearm as a convicted felon, 18 U.S.C. section 922(g), is vacated and remanded for new trial where the district court erred by allowing the Government to impeach defendant with his post-Miranda silence, in violation of the rule established in Doyle v. Ohio, 426 U.S. 610 (1976), which found that the right to remain silent contains an implicit promise that a defendant's post-Miranda silence will not carry adverse consequences.
Appellate Information
- Decided
- Published 2016/04/20
Judges
- VANASKIE
Court
- United States Third Circuit