Jacinto Sanchez, Appellant v. the State of Texas, Appellee

Summary

The Court held that a defendant’s post‑arrest, pre‑Miranda silence may not be used to impeach his testimony because the Texas Constitution’s privilege against self‑incrimination attaches at the moment of arrest, regardless of whether Miranda warnings were given. The judgment of the Court of Appeals and the trial court are reversed and the case remanded. Justice Clinton concurred and Justice McCormick dissented, arguing that the rule is rooted in repealed statutory law.