Bain v. State

STONE, Judge.

We reverse the appellant’s conviction on two counts of robbery because argument by the state was susceptible to interpretation as a comment on the defendant’s silence and his decision not to testify.

The subject of the defendant’s Fifth Amendment right was first raised during voir dire. There were questions by the prosecutor concerning a prospective juror’s understanding of the defendant’s right to remain silent, which prompted a motion for mistrial. There was an extensive exchange on the subject between the prospective juror and the court, and a subsequent warning by the court to…