This Court held in Miranda v. Arizona, 384 U.S. 486 (1966), [that a
suspect who is taken into custody has the right to remain silent, and it held
in Doyle v. Ohio, 426 U.S. 610 (1976), that the state may not use a suspect's
silence after receipt of the Miranda warning for purposes of impeachment at
trial. In light of these holdings, the question presented is:

1) Whether, once a suspect has been taken into custody and given the
Miranda warning, the suspect's "selective silence"- that is, the refusal to
answer some but not other questions - may be used by the State to establish
the suspect's guilt at trial.

Whether a suspect's 'selective silence' after receiving Miranda warnings may be used by the state to establish guilt at trial