McGilberry v. State

¶ 139. The prosecutor in this case imper-missibly made statements reflecting on the defendant’s constitutional right to remain silent. So long as those statements could reasonably have been construed by the jury as a comment on the defendant’s failure to testify, it matters not what the prosecutor may have intended his statements to mean. Because of this error and the fact that the court erred in not suppressing the minor defendant’s confession, I dissent.

I

¶ 140. Both the Fifth Amendment to the United States Constitution and Art. 3, § 26 of the Mississippi Constitution provide that the…