Legal Opinion

Westmark v. State

Wyoming Supreme Court

Decided December 27, 1984No. 83-256PublishedCited by 71 opinions

1Opinion of the Court

ROSE, Justice.

Appellant Michael J. Westmark was convicted by a jury of attempted second-degree murder and assault and battery. He urges the following issue on appeal:

*221“[Whether] appellant’s constitutional right to remain silent was violated by the prosecutor’s impermissible comments during trial.”1

The appellant charges that it was error to allow the following interrogation:

“Q. Isn’t it true, Mr. Westmark, that nobody has ever heard this self defense story prior to your actually relating it for the first time here in Court today?
“A. Mr. Mealey.
“Q. It’s true that you never mentioned anything to…

2Cases cited33 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Escobedo v. IllinoisSupreme Court of the United States · 1964
  3. Doyle v. OhioSupreme Court of the United States · 1976
  4. Cohens v. VirginiaSupreme Court of the United States · 1821
  5. Oregon v. HassSupreme Court of the United States · 1975

28 more not listed; retrieve them via the Exa API.

3Cited by71 opinions

  1. Traylor v. StateSupreme Court of Florida · 1992
  2. Schmunk v. StateWyoming Supreme Court · 1986
  3. Crozier v. StateWyoming Supreme Court · 1986
  4. Cutbirth v. StateWyoming Supreme Court · 1988
  5. Tortolito v. StateWyoming Supreme Court · 1995

66 more not listed; retrieve them via the Exa API.

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