State v. Busey

JAMES M. SMART, JR., Judge.

Marcus- Busey appeals his conviction of second degree murder, second degree robbery, and two counts of armed criminal action. Because we hold that the prosecution’s inadvertent but direct comment on Busey’s failure to testify was prejudicial, we reverse the convictions of the charge of murder and the associated armed criminal action and remand for a new trial as to those charges. Finding no prejudice as to the remaining charges, we affirm the conviction of robbery second degree and armed criminal action.

Statement of Facts

On the evening of January 14, 2001, Marcus…