Ex Parte Wiley

We granted the writ of certiorari to the Court of Criminal Appeals 516 So.2d 812 to consider whether that court erred in affirming the trial court, which overruled its order in limine requiring that the state refrain from commenting on, or eliciting testimony concerning, the defendant's assertion of his right to remain silent following his arrest, and, if so, whether the Court of Criminal Appeals also erred in affirming the trial court's order denying the defendant's motion for mistrial. We reverse and remand.

Freddie Lee Wiley was convicted by jury of the murder of Ulysses Howard and was…