United States of America Ex Rel. Melvin Lee Smith v. Charles J. Rowe and William Klusak

The primary issue is whether a prosecutor’s comments about a defendant’s failure to inform law enforcement authorities of his alibi defense violated his constitutional privilege against self-incrimination and his right to due process. Additional issues are: (1) whether the trial court was correct in finding that the prosecutor’s summation to the jury referred to the defendant’s pretrial failure to bring forth his alibi defense and (2) whether the harmless error doctrine neutralizes the constitutional impairment if it existed.

Petitioner-appellee Melvin Lee Smith requested the district court,…