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PEOPLE v. McNALLY

Docket No. 120021, Calendar No. 1.

679 N.W.2d 301 (2004)

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Stephen J. McNALLY, Defendant-Appellant.

Supreme Court of Michigan.

Decided May 4, 2004.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, David G. Gorcyca, Prosecuting Attorney, Joyce F. Todd, Chief, Appellate Division, and John S. Pallas, Assistant Prosecuting Attorney, Pontiac, for the people.

State Appellate Defender (by Susan M. Meinberg and Marla R. McCowan), Detroit, for the defendant.

Charles Sherman, President, Michael E. Duggan, Prosecuting Attorney, and Timothy A. Baughman, Chief of Research, Training, and Appeals, Detroit, for the Prosecuting Attorneys Association of Michigan.

Opinion

MARKMAN, J.

We granted leave to appeal in this case to consider whether the admission of testimony concerning defendant's silence after his arrest, but before he was given Miranda warnings,1 i.e., pre-Miranda silence, as substantive evidence of defendant's guilt is error requiring reversal of defendant's convictions. Following a jury trial, defendant was convicted...

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