People v. Shafier

We granted leave to appeal in this case to determine whether the prosecution’s references to defendant’s post-arrest, post -Miranda1 silence violated defendant’s constitutional due process rights, and, if so, whether defendant is entitled to a new trial.2 We *208hold that defendant’s due process rights were violated. Further, the violation amounted to plain error that affected defendant’s substantial rights and seriously affected the fairness and integrity of the trial. We reverse defendant’s conviction and remand to the trial court for further proceedings.

I. BASIC FACTS AND PROCEEDINGS

Defendant,…