Claim of Hawkins v. Statler

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that absent unusual circumstances, evidence of pre-arrest silence is inadmissible even when offered solely to impeach
• speaking in terms of a defendant’s “pretrial silence” rather than in terms of a defendant’s “post-arrest silence”
• state rules of evidence generally preclude the use of a defendant's pretrial silence to impeach his trial testimony
• state rules of evidence generally preclude the use of a defendant’s pretrial silence to impeach his trial testimony
• probative value of “pretrial” silence is nearly always outweighed by the risk of undue prejudice: “the use of such evidence for impeachment purposes cannot be justified in the absence of unusual circumstances”
• Conyers ID.][ 79 ] Cavanagh and Archer, JJ., concurred with Levin, J. MCL 750.75; MSA 28.270. The issue in the companion case of People v McReavy, 436 Mich 197; 462 NW2d 1 (1990

Source: CourtListener parenthetical corpus (CC0).