Wagner v. State

OPINION

BOLGER, Justice.

I. INTRODUCTION

The superior court ruled that the prosecution could use Michael Wagner's police interview to impeach him if he took the stand at his murder trial. Wagner contends that the police violated his right to remain silent and that the court's ruling prevented him from testifying. But on this record, it is impossible to tell whether the court's ruling affected Wagner's decision not to testify, whether the prosecution would have impeached him with his police statement, or whether this evidence would have affected the jury. We conclude that Wagner has not preserved…