Coleman v. State

*658OPINION

By the Court,

Rose, J.:

Appellant Eric Lamont Coleman (Coleman) was convicted of one count of robbery with use of a deadly weapon, and acquitted of one count of attempted murder with use of a deadly weapon. Coleman asserts that the prosecutor’s questions during cross-examination constituted impermissible comment on his silence for impeachment purposes, violating his Fifth Amendment right against self incrimination and his Fourteenth Amendment due process right to a fair trial. We agree that the references to Coleman’s silence constituted prosecutorial misconduct, but for reasons stated…