State v. Palenkas

OPINION

VOSS, Judge.

Edward Palenkas (“defendant”) appeals from his convictions, after a jury trial, of one count of reckless manslaughter and one count of leaving the scene of a fatal injury accident. The only issue we address in this opinion 1 is whether the prosecutor’s use of defendant’s invocation of his constitutional right to refuse a warrantless search and the fact that he contacted his attorney, as evidence of guilt, deprived him of due process and requires a new trial. Because we find that the prosecutor’s conduct, not invited by defendant, resulted in prejudicial, fundamental…