State v. Andre Marizan

Justice Indeglia, for the Court.

A grand jury indicted Andre Marizan (Marizan or defendant) on February 14, 2014 on two counts of first-degree sexual assault in violation of G.L. 1956 §§ 11-37-2(1) and 11-37-3. 1 After a jury trial in Providence County Superior Court, the defendant was convicted on January 23, 2015. On appeal, the defendant argues that the prosecutor's closing argument improperly commented on the defendant's failure to testify, thereby violating his Fifth Amendment constitutional rights. Additionally, the defendant contends that the trial justice erred in admitting the…