Tomorrow morning, the Supreme Court will file opinions in three criminal cases.
People v. Banks, which was argued in June, is an automatic appeal from a July 1999 judgment of death.
People v. McCurdy was on the court’s late-May calendar and is an automatic appeal from an April 1997 judgment of death.
In People v. Tom, which was also argued in late May, the court will decide whether the use of a defendant’s postarrest, pre-Miranda silence in the prosecution’s case-in-chief violates the Fifth Amendment privilege against self-incrimination or the Fourteenth Amendment right to due process when the silence was neither compelled nor induced by governmental action beyond the arrest itself, and whether any error concerning the admission of defendant’s postarrest, pre-Miranda silence was harmless. The court asked for supplemental briefing on how, if at all, the instant matter is affected by the United States Supreme Court decision in Salinas v. Texas (2013) ___ U.S. ___ [133 S.Ct. 2174].
The opinions can be viewed tomorrow starting at 10:00 a.m.
