Lassley v. State

Foth, C.J.:

This is a proceeding under K.S.A. 60-1507 in which petitioner seeks to set aside his convictions in two separate cases because in each there was evidence that upon his arrest he refused to talk to the arresting officers. He relies on Doyle v. Ohio, 426 U.S. 610, 49 L.Ed.2d 91, 96 S.Ct. 2240 (1976), which holds that a defendant’s silence after being given the Miranda warning may not constitutionally be used to impeach an exculpatory story told for the first time at trial.

The trial court denied relief on three grounds; (1) that there were no exceptional circumstances excusing…