On the morning of December 18, 1992, two brothers were shot and killed in their home in Houston, Texas. Police recovered six shotgun shells from the home and their investigation led them to defendant Genovevo Salinas who agreed to surrender his gun for ballistic testing and to go to the police station for questioning. The interview lasted about an hour and both parties agree that it was not a detention, which is why he did not read the Miranda warning. Salinas answered most of the officer's questions during the interview, but remained silent and his body tensed when asked if the shotgun would match the shells recovered at the murder scene . After a few minutes of silence, the officer continued to ask other questions which he answered. Salinas did not testify at his own trial and, despite his objection, the prosecution used his silence in response to the officer's question as evidence of his guilt. Salinas was ultimately convicted of murder and the Court of Appeals and the Texas State Court of Criminal Appeals agreed with the verdict. However, they ignored his claims ...