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

Summary

The Court of Criminal Appeals of Texas held that a defendant’s post‑arrest, pre‑Miranda silence may not be used to impeach his testimony because it violates the Texas Constitution’s privilege against self‑incrimination and is evidentially improper. The Court reversed the trial and appellate courts and remanded for further proceedings consistent with this holding. Justice McCormick dissented and Justice Clinton concurred, each addressing the scope of the privilege and its relationship to statutory confession rules.