Bowe v. State

In this appeal from his conviction for second degree attempted robbery and resisting arrest, the defendant claims that he was denied due process of law by prosecu-torial misconduct in the form of impermissible cross-examination at trial. We agree that, in one respect, the prosecutor’s cross-examination infringed upon the defendant’s right to post-arrest silence and accordingly reverse the conviction and remand for a new trial.

I

The facts underlying the charges against the defendant are not complicated. The complaining witness, John McClendon, an elderly man who was personally acquainted with…