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Another way perhaps to look at Salinas is that brings the "silence" issue more in line with the general proposition that evidence of conduct is admissible. Silence can be a subset of conduct or part of a course of conduct. It's long been accepted that conduct can be probative of, among other things, state of mind, and that a trier of fact may draw inferences from conduct.
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"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
Last edited by Frank Ettin; June 25, 2013 at 03:01 PM.
Reason: correct typo
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