State v. Mosher

Defendant was convicted after trial by jury of counseling burning to defraud an insurer, in violation of 13 V.S.A. § 506. He submits three issues on appeal: (1) that the trial court lacked jurisdiction, (2) that the trial court committed plain error in its jury charge, and (3) that the State violated defendant’s rights against self-incrimination and to due process by introducing evidence of defendant’s silence prior to his arrest, but following receipt of Miranda warnings and his execution of a waiver. We shall consider these issues in order.

In evaluating defendant’s claims, we must view the…