United States of America Ex Rel. Eddie Allen v. Charles J. Rowe

This case presents the question whether a criminal defendant’s Fifth and Fourteenth Amendment rights were violated when a state prosecutor was permitted at trial to cross-examine the defendant about his silence during police custody and to comment upon his silence before the jury during closing argument. We agree with the district court’s conclusion that defendant-petitioner’s rights were violated and affirm the court’s order granting petitioner’s motion for summary judgment, vacating the judgment of conviction, and remanding the case for a new trial.

Petitioner, Eddie Allen, was tried and…