United States Ninth Circuit

Defendant's conviction of attempted entry after deportation and making a false claim to U.S. citizenship is reversed and remanded, where: 1) the prosecutor's use of defendant's post- Miranda-invocation silence to impeach him violated his constitutional rights Doyle v. Ohio, 426 U.S. 610 (1976); and 2) the error was not harmless.

Appellate Information

• Decided 04/25/2014
• Published 04/25/2014

Judges

• CLIFTON

Court

• United States Ninth Circuit

Counsel