Dickey v. State

Appellant challenges his convictions for first-degree murder and use of a firearm in the commission of a felony. Appellant raises three issues. We find merit as to one, his contention that the trial court erred in denying defense counsel’s motion for mistrial where the prosecutor had improperly commented upon appellant’s right to remain silent. We reverse and remand for a new trial.

When the state called Officer Bier-baum to the witness stand, defense counsel asked for a sidebar for the purpose of making sure the prosecutor did not allow Officer Bierbaum to testify that when he interviewed…