State of Louisiana v. Daniel Marshall

|! Following defendant’s second degree murder trial and his conviction and sentence for the lesser verdict of manslaughter, the Fourth Circuit Court of Appeal vacated defendant’s conviction and sentence upon finding that the prosecutor’s use of defendant’s post-arrest silence, in violation of Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976), was not harmless because it undercut his plausible self-defense claim. We granted the State’s writ application, and, after reviewing the record and the applicable law, reverse the judgment of the court of appeal and reinstate defendant’s…