People v. McReavy

McReavy was convicted of armed robbery,1 kidnapping,2 and possession of a firearm during the commission of a felony,3 and was sentenced as *223a third offender.4 The issue presented concerns the substantive5 use of McReavy’s failure during post-arrest, post -Miranda6 interrogation to respond to particular questions concerning his involvement in the robbery and kidnapping.

The Court of Appeals reversed McReavy’s conviction on the ground that testimony and argument concerning McReavy’s failure to answer violated the rule stated in People v Bobo, 390 Mich 355; 212 NW2d 190 (1973). Because we conclude…