State v. Adams

FREDERICKA HOMBERG WICKER, Judge.

|Jn this criminal appeal, defendant claims that the trial judge erred in denying his motion for a mistrial and motion for a new trial on the ground that the prosecuting attorney improperly questioned a state witness regarding defendant’s post-arrest silence during trial in violation of Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976). For the following reasons, we find that the prosecutor’s reference to defendant’s post-arrest silence was clearly improper and that the trial court clearly erred in ruling that the prosecutor could query the…