State v. Kenner

JOHNSON, Justice.

This is a criminal case. The primary issue we consider is whether the trial court violated the defendant’s privilege against self-incrimination by inquiring in the presence of the jury whether the defendant wished to testify. We hold that this did not violate the fifth amendment, because it was not an adverse comment regarding the defendant’s failure to testify. The appellant did not preserve the other issues raised on appeal by presenting them to the magistrate judge before appealing to the district judge.

I

THE BACKGROUND AND PRIOR PROCEEDINGS.

The state charged Marvin Earl…