Legal Opinion
Patrick Nichols v. State of Indiana
Indiana Court of Appeals
Decided September 6, 2012No. 31A01-1112-CR-599PublishedCited by 12 opinions
1Opinion of the Court
OPINION
CRONE, Judge.
Case Summary
Patrick Nichols appeals his convictions for class C felony burglary, class D felony theft, and class A misdemeanor criminal mischief, contending that in closing argument, the prosecutor, violated his Fifth Amendment privilege against self-incrimination by improperly commenting upon his decision not to testify and that the resulting error is fundamental. We agree and therefore reverse his convictions and remand for a new trial.
Facts and Procedural History
At 8:19 a.m., on April 14, 2011, the burglary alarm sounded in the Wilson General Store and gas station in…
2Cases cited16 opinions
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Withrow v. WilliamsSupreme Court of the United States · 1993
- Cooper v. StateIndiana Supreme Court · 2006
- United States v. Otis L. McClellan and John D. SargentCourt of Appeals for the Seventh Circuit · 1999
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Paul Phillips v. State of IndianaIndiana Court of Appeals · 2014
- Delmar Kelly v. State of IndianaIndiana Supreme Court · 2019
- Craig Bakari Thomas v. State of IndianaIndiana Court of Appeals · 2014
- Bobby Holsey v. State of IndianaIndiana Court of Appeals · 2013
- Bradley D. Haub v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2020
7 more not listed; retrieve them via the Exa API.