State v. Finley

Daniel Felix Finley (Finley) appeals from the judgment and commitment entered by the Twentieth Judicial District Court, Lake County, for sexual intercourse without consent and for burglary. We affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.

ISSUES

1. Did the prosecutor violate Finley’s right to due process and privilege against self-incrimination by commenting on his postarrest silence and is this issue reviewable under the common law plain error doctrine?

2. Did the District Court err in failing to conduct a hearing on Finley’s complaints about…