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STATE v. VanWINKLE

No. CR-11-0083-PR.

273 P.3d 1148 (2012)

STATE of Arizona, Appellee, v. Pete J. VanWINKLE, Appellant.

Supreme Court of Arizona.

April 9, 2012.

Attorney(s) appearing for the Case

Thomas C. Horne , Arizona Attorney General, By Kent E. Cattani , Chief Counsel, Criminal Appeals/Capital Litigation Section, Joseph T. Maziarz , Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Michael J. Dew , Phoenix, Attorney for Pete J. VanWinkle.

OPINION

HURWITZ, Vice Chief Justice.

¶ 1 The question in this case is whether a defendant's post-custody, pre-Miranda silence may be used as evidence of guilt.

I.

¶ 2 Petitioner Pete J. VanWinkle and four others—Mike, Joel, Cory, and Gerry—were in Joel's apartment.1 VanWinkle shot Mike in the head. Gerry saw the shooting from the kitchen, confronted VanWinkle, and disarmed him...

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