State v. Curtis

— The exercise of constitutionally guaranteed Miranda1 rights must be without penalty. The State penalizes a defendant for asserting those rights when it introduces evidence of the defendant’s exercise of Miranda rights as substantive evidence of guilt. In this case, the prosecutor invited an investigating officer to comment in front of a jury that the defendant chose to remain silent and consult a lawyer after being read his Miranda rights. The invitation was deliberate and implicates fundamental constitutional rights. We therefore reverse and remand for a new trial.

FACTS

Bobby Ray Curtis was…