Under the U.S. Constitution Amendment VI's right to a fair trial and the due process clause of U.S. Constitution Amendment XIV, can a conviction rest: A.) On testimony from a witness who was not made known to the jury during the initial voir dire; when the voir dire was not reopened to jurors to potentially identified if jurors could have known this witness nor was the witness made known to the defense until minutes before the testimony of the alleged witness, and B.) Mr. Simpson has a constitutional right to remain silent when under custodial arrest or interrogation and no adverse admission may be drawn from that silence. The United States Supreme Court has stated that any reference to this silence for impeachment purposes violated his due process rights?
Whether a conviction can rest on testimony from a witness not disclosed to the jury during voir dire or to the defense until minutes before testimony, and whether references to a defendant's post-arrest silence for impeachment purposes violate the Sixth Amendment right to a fair trial and the Fourteenth Amendment due process clause