Read the following excerpt from a US court opinion:
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the Michigan Court of Appeals decision that Petitioner consented to the mistrial was not an unreasonable application of Supreme Court precedent. VI. Conclusion The Court concludes that Petitioner’s right to be free from double jeopardy was not violated. Therefore, it is ORDERED that the petition for a writ of habeas corpus is DENIED. 2 . The Double Jeopardy Clause is made applicable to the states through the Due Process Clause of the Fourteenth Amendment. Benton v. Maryland, 395 U.S. 784, 89 S.Ct. 2056, 23 L.Ed.2d 707 (1969). 3 . Implied consent to a mistrial does not implicate the line of Supreme Court cases holding that fundamental Constitutional rights may not be deemed waived on a silent record. See Boykin v. Alabama, 395 U.S. 238, 242-43, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). In Dinitz, the Supreme Court rejected the
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing commonlaw privilege against selfincrimination
B. holding that the drug tax violated the privilege against selfincrimination
C. holding presumption of waiver from a silent record is impermissible
D. holding that waiver of privilege against selfincrimination is proceeding specific
E. holding that waiver of the privilege against compulsory selfincrimination the right to a trial by jury and the right to confront ones accusers cannot be presumed from a silent record
Reply with [A, B, C, D, E] only.