Graham v. State

Reversed and remanded for a new trial. Under questioning by the state a police officer made an explicit statement that the appellant had refused to give a statement upon his arrest. Such comments are improper in view of an accused’s constitutional right to remain silent and the implications from such comments that the accused has a responsibility to speak and assert his innocence. See State v. Thornton, 491 So.2d 1143 (Fla.1986). Under Thornton and other decisions such comments constitute grounds for a mistrial or a new trial if such error is preserved for appeal, unless it can be…