State v. Walker

This appeal was filed by Gene Harold Walker, appellant/defendant (hereinafter referred to as “Mr. Walker”), from his conviction in the Circuit Court of Kanawha County of voluntary manslaughter with the use of a firearm. Mr. Walker was sentenced to prison for 15 years. Arguing to this Court that the circuit court committed error by denying his motion for a mistrial, Mr. Walker contends that a mistrial resulted from: (1) the prosecutor’s cross examination of Mr. Walker on his post-Miranda silence, and (2) prosecu-torial comments, during closing arguments, regarding Mr. Walker’s post-Miranda…