Grady v. State

Alvin L. Grady [“Grady”] appeals his conviction for battery on a law enforcement officer, resisting arrest with violence, assault on a law enforcement officer, and disorderly intoxication. We find merit in only one claim of error; we agree that the State erroneously was permitted to elicit testimony commenting on Grady’s right to remain silent.

Detective Price [“Price”] testified that when Grady was first brought to the jail, he was swearing profusely but calmed down after he was offered a shower to rinse the pepper spray from his eyes. The prosecutor then asked the following questions:

Question…