State v. Jeremy Fischer

¶ 1. Following a jury trial, defendant appeals his conviction of sexual assault of a minor in violation of 13 V.S.A. § 3252(c). Defendant argues the trial court violated his due process rights by allowing the State to impermissibly comment on his silence. We affirm.

¶ 2. In December 2015, the State charged defendant with sexual assault of a minor based on an allegation that defendant raped the complainant. Prior to defendant's arrest, Detective Tallmadge interviewed defendant. Detective Tallmadge testified about this interview at trial. He reported that he told defendant he did not have to…