United States Seventh Circuit

Where a defendant does not invoke his right to silence under Miranda but provides a full inculpatory statement instead, prosecutor's questioning of defendant's inconsistent trial testimony during cross-examination did not violate due process by questioning defendant's silence or his failure to make those exculpatory statements at the time of his arrest; thus, defendant's conviction is affirmed.

Appellate Information

• Argued 04/11/2005
• Decided 11/03/2005
• Published 11/03/2005

Judges

• SYKES, Circuit Judge., Before POSNER, RIPPLE, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• April M. Perry, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Janis D. Roberts, Richard M. Goldwasser, Ralph E. Meczyk, Gal Pissetzky, Durkin & Roberts, Chicago, IL, for Defendant-Appellant.