State v. Decker

APPEL, Justice.

In this case, we must decide whether a videotaped interrogation, suppressed during the State’s case-in-chief for constitutional violations, can be admitted as rebuttal evidence to combat an insanity defense. The trial court admitted the videotape, on the State’s motion, as evidence of the defendant’s demeanor less than twenty-four hours after commission of the assault. The defendant claims that the admission of the videotape violated his Fifth and Fourteenth Amendment rights by impermissi-bly using invocations of his right to remain silent as evidence of sanity. At the…