State v. Clement

LAURA DENVIR STITH, Judge.

Defendant-Appellant, Freddie L. Clement, was convicted by a jury of possession of a controlled substance in violation of Section 195.202 RSMo 1994. On appeal, Defendant claims, and the State concedes, that the trial court committed reversible error when it failed to permit defense counsel to ask members of the jury panel whether they would draw a negative inference if Defendant failed to testify. We agree that Defendant was entitled to make such an inquiry and, therefore, the conviction must be reversed and the case remanded for a new trial.1

I. STATEMENT OF FACTS

On…