This month, I was happy to learn that the United States Supreme Court granted certiorari on my case, Salinas v. Texas. Less than one percent or so of cases are accepted by the Supreme Court. A much lesser amount of cases accepted deal with criminal law. And of those that deal with criminal law, few raise bedrock constitutional issues.
The issue involved in Salinas v. Texas is: Whether or under what circumstances the Fifth Amendment’s Self-Incrimination Clause protects a defendant’s refusal to answer law enforcement questioning before he has been arrested or read his Miranda rights. No doubt, how this issue is resolved will profoundly affect the landscape of criminal procedure. The SCOTUS blog has a list of our pleadings at: http://www.scotusblog.com/case-files/cases/salinas-v-texas/.
I have handled this case since Salinas was convicted. I filed briefs and argued in the Texas Court of Criminal Appeals, where we lost. I was always optimistic the Supreme Court would review this case.
Our oral argument is in April 2013 or so, and an opinion will issue sometime in the summer. I will continue posting new developments on the case, including arguments raised in our briefs. I am honored to be the Houston criminal attorney who was hired to handle this appeal.