Ash v. State

The appellant in this direct criminal appeal challenges his conviction, arguing that the arresting officer’s trial testimony included a constitutionally impermissible comment upon the appellant’s pretrial exercise of his right to remain silent and that the trial court therefore abused its discretion in denying the appellant’s timely motion for a mistrial. We reverse the appellant’s conviction because the comment related to the appellant’s silence at the time of his arrest.

The officer testified that when he went to the appellant’s apartment for the purpose of arresting him, the appellant was…